[Rev. 11/21/2013 12:45:54
PM--2013]
CHAPTER 631 - DENTISTRY AND DENTAL HYGIENE
GENERAL PROVISIONS
NRS 631.005 Definitions.
NRS 631.015 “Accredited”
defined.
NRS 631.020 “Board”
defined.
NRS 631.025 “Conscious
sedation” defined.
NRS 631.027 “Deep
sedation” defined.
NRS 631.030 “Dental
hygiene” defined.
NRS 631.040 “Dental
hygienist” defined.
NRS 631.055 “General
anesthesia” defined.
NRS 631.070 “License”
defined.
NRS 631.075 “Malpractice”
defined.
NRS 631.095 “Professional
incompetence” defined.
NRS 631.100 “Renewal
certificate” defined.
NRS 631.105 “Supervision
by a dentist” defined.
NRS 631.115 Applicability
of chapter.
BOARD OF DENTAL EXAMINERS OF NEVADA
NRS 631.120 Creation;
membership.
NRS 631.130 Qualifications
of members; restrictions on participation in examinations.
NRS 631.140 Appointment
of members from particular areas of State.
NRS 631.150 Grounds
for removal of member from office.
NRS 631.160 Officers
and Executive Director.
NRS 631.170 Examination
of applicants; meetings; quorum.
NRS 631.175 Liability
of person retained by Board to judge qualifications of applicant for licensure.
NRS 631.180 Compensation
of members and employees; deposit and expenditure of fees.
NRS 631.190 Powers
and duties.
NRS 631.195 Fiscal
year.
COMMITTEE ON DENTAL HYGIENE
NRS 631.205 Creation;
membership; powers and duties.
LICENSING
NRS 631.215 Persons
deemed to be practicing dentistry; regulations regarding clinical practice of
dentistry.
NRS 631.220 Filing
of application for license.
NRS 631.225 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 631.225 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 631.230 Eligibility
of applicant for examination.
NRS 631.240 Examination;
issuance of certificate of registration.
NRS 631.250 Issuance
of specialist’s license to dentist licensed in this State.
NRS 631.255 Issuance
of specialist’s license to person without required clinical examination.
NRS 631.260 Issuance
of licenses.
NRS 631.265 Permit
to administer general anesthesia, conscious sedation or deep sedation.
NRS 631.267 Authorization
to perform physical evaluation and compile medical history of patient before
hospital admission; hospital prohibited from refusing to accept; “qualified
dentist” defined.
NRS 631.271 Limited
license to practice dentistry or dental hygiene; permit authorizing certain
persons to practice dentistry or dental hygiene.
NRS 631.2715 Limited
license to supervise certain courses of continuing education.
NRS 631.272 Temporary
license to practice dentistry.
NRS 631.273 Temporary
license to practice dental hygiene.
NRS 631.274 Restricted
geographical license to practice dentistry or dental hygiene.
NRS 631.275 Restricted
license to practice dentistry at facility that provides dental services to
persons of low income.
NRS 631.280 Failure
of examination; limitation on reexamination.
NRS 631.287 Dental
hygienists: Special endorsement of license to practice public health dental
hygiene; renewal.
NRS 631.290 Dental
hygienists: Eligibility to apply for license.
NRS 631.300 Dental
hygienists: Examination; issuance of certificate of registration.
NRS 631.310 Dental
hygienists: Places of practice; supervision; provision of services.
NRS 631.311 Dentist
not required to be present when dental hygienist provides services authorized
by dentist.
NRS 631.313 Assignment
of dental hygienist or dental assistant to perform intraoral tasks under
supervision of dentist; exception; administration of local anesthesia or
nitrous oxide by dental hygienist.
NRS 631.317 Regulations
concerning intraoral tasks and other practices.
NRS 631.330 Renewal
of license: Requirements; issuance of renewal certificate.
NRS 631.335 Inactive
status of license.
NRS 631.340 Restoration
of license.
NRS 631.342 Regulations
concerning continuing education.
NRS 631.343 Persons
exempt from requirement of continuing education.
NRS 631.345 Fees.
ENTITIES OWNING OR OPERATING A DENTAL OFFICE OR CLINIC
NRS 631.3452 Designation
and responsibilities of dental director of dental office or clinic; retention
of records.
NRS 631.3453 Designation
of dental director of dental office or clinic; exceptions.
NRS 631.3454 Ownership
or operation not violation or dishonorable or unprofessional conduct; contract
with entity by dentist or professional entity not prohibited.
PERSONS OR ENTITIES PROVIDING GOODS OR SERVICES FOR SUPPORT OF
THE BUSINESS OF A DENTAL PRACTICE, OFFICE OR CLINIC
NRS 631.3455 Unlicensed
person or entity not precluded from providing goods or services for support of
business of dental practice, office or clinic in certain circumstances.
NRS 631.3456 Certain
provision of goods or services or receipt of payment for provision of goods or
services not violation or dishonorable or unprofessional conduct; contracts
with persons providing such goods or services not prohibited.
NRS 631.3457 Revocation
of state business license for certain violations.
UNPROFESSIONAL CONDUCT
NRS 631.346 Employment
of unlicensed person; public demonstrations; aiding in unlicensed practice;
dental hygienist practicing in unauthorized place; practice with license
suspended or without renewal certificate.
NRS 631.3465 Fee
for referral; association with person engaged in illegal practice or with
unlicensed person; use of name “clinic,” “institute” or “referral services”;
practice under name of retired dentist.
NRS 631.347 Participation
in plan requiring patients to select dentist from preselected group unless plan
for personal selection offered; authorized disciplinary action.
NRS 631.3475 Malpractice;
professional incompetence; disciplinary action in another state; substandard
care; procurement or administration of controlled substance or dangerous drug;
inebriety or addiction; gross immorality; conviction of certain crimes; certain
operation of medical facility.
NRS 631.348 Misleading
statements; false advertising; fraud in securing license; practice under
misleading name; submitting fraudulent claim to insurer; failure to notify
insurer of forgiven debt.
NRS 631.3485 Violation
of chapter or regulations; failure to pay fee for license.
NRS 631.3487 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 631.349 Examples
of unprofessional conduct not complete list or authorization of other acts;
Board may hold similar acts unprofessional conduct.
DISCIPLINARY ACTION
NRS 631.350 Disciplinary
powers of Board; grounds; delegation of authority to take disciplinary action;
deposit of fines; claim for attorney’s fees and costs of investigation; private
reprimands prohibited; orders imposing discipline deemed public records.
NRS 631.355 Action
by hearing officer or panel: Procedural requirements; powers and duties of
officer or panel.
NRS 631.360 Investigation,
notice and hearing; subpoena; search warrant; retention of complaints.
NRS 631.363 Appointment
of member or agent to conduct investigation and hearing; notice of hearing;
report; hearing by Board.
NRS 631.366 Enforcement
of subpoena by district court.
NRS 631.368 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action deemed public records; dissemination of records to other
agencies.
MISCELLANEOUS PROVISIONS
NRS 631.371 Use
of letters “M.D.” or other appropriate abbreviation by certain dentists who
hold degree as doctor of medicine.
NRS 631.375 Identification
of removable dental appliances by name or social security number.
NRS 631.378 Immunity
from civil liability for furnishing information to Board or otherwise assisting
in investigation or prosecution; recovery of attorney’s fees and costs.
NRS 631.380 Validity
of license or renewal certificate issued on or before March 20, 1951.
NRS 631.385 Ownership
or control of practice without license after death of dentist.
NRS 631.388 Manager
of business of dental practice, office or clinic to register certain
information with Board.
NRS 631.389 Fees
for covered service.
UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF
NRS 631.395 Acts
constituting illegal practice of dentistry.
NRS 631.396 Inspection
of premises by Board.
NRS 631.397 Practicing
or offering to practice dentistry or dental hygiene without appropriate license
or certificate; reporting requirements.
NRS 631.400 Penalties;
injunctive relief.
_________
GENERAL PROVISIONS
NRS 631.005 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 631.015 to 631.105, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1983, 1106; A 1987, 857; 1989, 1739; 2001, 2692)
NRS 631.015 “Accredited” defined. “Accredited”
means approved by the Commission on Dental Accreditation of the American Dental
Association or its successor organization.
(Added to NRS by 1971, 530; A 1983, 1110; 1985, 379)
NRS 631.020 “Board” defined. “Board”
means the Board of Dental Examiners of Nevada.
[Part 2:152:1951]—(NRS A 1983, 1110)
NRS 631.025 “Conscious sedation” defined. “Conscious
sedation” means a minimally depressed level of consciousness, produced by a pharmacologic
or nonpharmacologic method or a combination thereof, in which the patient
retains the ability independently and continuously to maintain an airway and to
respond appropriately to physical stimulation and verbal commands.
(Added to NRS by 2001, 2691)
NRS 631.027 “Deep sedation” defined. “Deep
sedation” means a controlled state of depressed consciousness, produced by a
pharmacologic or nonpharmacologic method or a combination thereof, and
accompanied by a partial loss of protective reflexes and the inability to
respond purposefully to verbal commands.
(Added to NRS by 2001, 2691)
NRS 631.030 “Dental hygiene” defined. “Dental
hygiene” means the performance of educational, preventive and therapeutic
periodontal treatment including scaling, curettage and planing of roots and any
related and required intraoral or extraoral procedures that a dentist is
authorized to assign to a dental hygienist.
[Part 2:152:1951]—(NRS A 1971, 531; 1981, 1969; 1983,
1110; 2003, 519)
NRS 631.040 “Dental hygienist” defined. “Dental
hygienist” means any person who practices the profession of dental hygiene and
is licensed pursuant to this chapter.
[Part 2:152:1951]—(NRS A 1983, 1110; 2003, 519)
NRS 631.055 “General anesthesia” defined. “General
anesthesia” means a controlled state of unconsciousness, produced by a
pharmacologic or nonpharmacologic method or a combination thereof, and
accompanied by partial or complete loss of protective reflexes and the
inability independently to maintain an airway and respond purposefully to
physical stimulation or verbal commands.
(Added to NRS by 1989, 1739)
NRS 631.070 “License” defined. “License”
means a certificate issued by the Board to any applicant upon completion of
requirements for admission to practice either dental hygiene or dentistry, or
any of the special branches of dentistry, as provided by the license.
[Part 2:152:1951]—(NRS A 1983, 1111)
NRS 631.075 “Malpractice” defined. “Malpractice”
means failure on the part of a dentist to exercise the degree of care,
diligence and skill ordinarily exercised by dentists in good standing in the
community in which he or she practices. As used in this section, “community”
means the entire area customarily served by dentists among whom a patient may
reasonably choose, not merely the particular area inhabited by the patients of
that individual dentist or the particular city or place where the dentist has
an office.
(Added to NRS by 1983, 1106)
NRS 631.095 “Professional incompetence” defined. “Professional
incompetence” means lack of ability safely and skillfully to practice
dentistry, or to practice one or more specified branches of dentistry, arising
from:
1. Lack of knowledge or training;
2. Impaired physical or mental capability
of the dentist;
3. Indulgence in the use of alcohol or any
controlled substance; or
4. Any other sole or contributing cause.
(Added to NRS by 1983, 1106)
NRS 631.100 “Renewal certificate” defined. “Renewal
certificate” means the certificate of renewal of a license issued by the Board.
[Part 2:152:1951]—(NRS A 1967, 865; 1981, 1972; 1983,
1112)
NRS 631.105 “Supervision by a dentist” defined. “Supervision
by a dentist” means that a dentist is:
1. Physically present in the office where
the procedures to be supervised are being performed, while these procedures are
being performed; and
2. Capable of responding immediately if
any emergency should arise.
(Added to NRS by 1987, 857)
NRS 631.115 Applicability of chapter. Except
as otherwise provided in subsection 2 of NRS 631.317,
this chapter does not apply to:
1. A legally qualified physician or
surgeon unless he or she practices dentistry as a specialty.
2. A dentist or dental hygienist of the
United States Army, Navy, Air Force, Public Health Service, Coast Guard or
Department of Veterans Affairs in the discharge of his or her official duties,
including, without limitation, providing medical care in a hospital in
accordance with an agreement entered into pursuant to NRS 449.2455.
[13:152:1951]—(NRS A 1971, 537; 1987, 861; 1995, 1097; 2009, 820)—(Substituted
in revision for NRS 631.390)
BOARD OF DENTAL EXAMINERS OF NEVADA
NRS 631.120 Creation; membership. The
Board of Dental Examiners of Nevada, consisting of 11 members appointed by the
Governor, is hereby created.
[Part 4:152:1951; A 1953, 363]—(NRS A 1977, 1250;
1981, 1972; 2003,
519)
NRS 631.130 Qualifications of members; restrictions on participation in
examinations.
1. The Governor shall appoint:
(a) Six members who are graduates of accredited
dental schools or colleges, are residents of Nevada and have ethically engaged
in the practice of dentistry in Nevada for a period of at least 5 years.
(b) One member who has resided in Nevada for at
least 5 years and who represents the interests of persons or agencies that
regularly provide health care to patients who are indigent, uninsured or unable
to afford health care. This member may be licensed under the provisions of this
chapter.
(c) Three members who:
(1) Are graduates of accredited schools or
colleges of dental hygiene;
(2) Are residents of Nevada; and
(3) Have been actively engaged in the
practice of dental hygiene in Nevada for a period of at least 5 years before
their appointment to the Board.
(d) One member who is a representative of the
general public. This member must not be:
(1) A dentist or a dental hygienist; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a dentist or a dental hygienist.
2. The members who are dental hygienists
may vote on all matters but may not participate in grading any clinical
examinations required by NRS 631.240 for the
licensing of dentists.
3. If a member is not licensed under the
provisions of this chapter, the member shall not participate in grading any
examination required by the Board.
[Part 4:152:1951; A 1953, 363]—(NRS A 1971, 533;
1977, 1250; 1981, 1972; 1983, 1112; 1989, 52; 1995, 275; 2003, 519, 1190; 2005, 271)
NRS 631.140 Appointment of members from particular areas of State.
1. The six members of the Board who are
dentists, the member of the Board who represents the interests of persons or
agencies that regularly provide health care to patients who are indigent,
uninsured or unable to afford health care, and the member of the Board who is a
representative of the general public must be appointed from areas of the State
as follows:
(a) Three of those members must be from Carson
City, Douglas County or Washoe County.
(b) Four of those members must be from Clark
County.
(c) One of those members may be from any county
of the State.
2. The three members of the Board who are
dental hygienists must be appointed from areas of the State as follows:
(a) One of those members must be from Carson
City, Douglas County or Washoe County.
(b) One of those members must be from Clark
County.
(c) One of those members may be from any county
of the State.
[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343;
1971, 533; 1977, 1251; 1979, 87; 1981, 1973; 2003, 520, 1191)
NRS 631.150 Grounds for removal of member from office. The Governor shall remove from office any
member of the Board for:
1. Continued neglect of duty.
2. Incompetency.
3. Dishonorable or unprofessional conduct
as defined in this chapter.
[Part 4:152:1951; A 1953, 363]
NRS 631.160 Officers and Executive Director.
1. At the first regular meeting of each
year, the Board shall elect from its membership one of its members as President
and one of its members as Secretary-Treasurer, each of whom shall hold office
for 1 year and until a successor is elected and qualified.
2. The Board shall define the duties of
the President, the Secretary-Treasurer and the Executive Director.
3. The Executive Director shall receive
such compensation as determined by the Board, and the Board shall fix the
amount of the bond to be furnished by the Secretary-Treasurer and the Executive
Director.
[Part 4:152:1951; A 1953, 363]—(NRS A 1995, 275)
NRS 631.170 Examination of applicants; meetings; quorum.
1. The Board shall meet whenever necessary
to examine applicants. The dates of the examinations must be fixed by the
Board. The Board may conduct examinations outside this State, and for this
purpose may use the facilities of dental colleges.
2. The Board may also meet at such other
times and places and for such other purposes as it may deem proper.
3. A quorum consists of five members who
are dentists and two members who are dental hygienists.
[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343;
1963, 82; 1981, 1973; 1983, 1113; 1987, 857; 2003, 520; 2007, 505)
NRS 631.175 Liability of person retained by Board to judge qualifications of
applicant for licensure. The
liability of any person retained as an independent contractor by the Board to
judge the qualifications of an applicant for licensure by the Board is limited
to the same extent as is provided in NRS
41.035 for a member of the Board.
(Added to NRS by 1985, 1892)
NRS 631.180 Compensation of members and employees; deposit and expenditure
of fees.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
3. The Board shall deposit in banks,
credit unions or savings and loan associations in this State all fees which it
receives.
4. All expenses of the Board must be paid
from the fees received by the Board, and no part thereof may be paid from the
State General Fund.
[Part 4:152:1951; A 1953, 363]—(NRS A 1963, 149;
1975, 303; 1981, 1973; 1985, 444; 1989, 1697; 1999, 1531; 2007, 2944)
NRS 631.190 Powers and duties. In
addition to the powers and duties provided in this chapter, the Board shall:
1. Adopt rules and regulations necessary
to carry out the provisions of this chapter.
2. Appoint such committees, examiners,
officers, employees, agents, attorneys, investigators and other professional
consultants and define their duties and incur such expense as it may deem
proper or necessary to carry out the provisions of this chapter, the expense to
be paid as provided in this chapter. Notwithstanding the provisions of this
subsection, the Attorney General in his or her sole discretion may, but is not
required to, serve as legal counsel for the Board at any time and in any and
all matters.
3. Fix the time and place for and conduct
examinations for the granting of licenses to practice dentistry and dental
hygiene.
4. Examine applicants for licenses to
practice dentistry and dental hygiene.
5. Collect and apply fees as provided in
this chapter.
6. Keep a register of all dentists and
dental hygienists licensed in this State, together with their addresses,
license numbers and renewal certificate numbers.
7. Have and use a common seal.
8. Keep such records as may be necessary
to report the acts and proceedings of the Board. Except as otherwise provided
in NRS 631.368, the records must be open to public
inspection.
9. Maintain offices in as many localities
in the State as it finds necessary to carry out the provisions of this chapter.
10. Have discretion to examine work
authorizations in dental offices or dental laboratories.
[Part 4:152:1951; A 1953, 363]—(NRS A 1963, 150;
1967, 865; 1993,
2743; 2009,
3002)
NRS 631.195 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1963, 149)
COMMITTEE ON DENTAL HYGIENE
NRS 631.205 Creation; membership; powers and duties.
1. The Committee on Dental Hygiene is
hereby created.
2. The Committee consists of:
(a) The members of the Board who are dental
hygienists; and
(b) One dentist who is a member of the Board and
who has supervised a dental hygienist for at least 3 years immediately preceding
his or her appointment to the Committee by the Board.
3. The Committee:
(a) May accept recommendations from dental
hygienists, dentists and the general public and may meet to review such
recommendations.
(b) May make recommendations to the Board
concerning:
(1) The practice of dental hygiene; and
(2) The licensing of dental hygienists,
including, without limitation, requirements relating to the education,
examination and discipline of dental hygienists.
(c) Shall carry out any duties the Board may
assign to the Committee.
(Added to NRS by 2003, 519)
LICENSING
NRS 631.215 Persons deemed to be practicing dentistry; regulations regarding
clinical practice of dentistry.
1. Any person shall be deemed to be
practicing dentistry who:
(a) Uses words or any letters or title in
connection with his or her name which in any way represents the person as
engaged in the practice of dentistry, or any branch thereof;
(b) Advertises or permits to be advertised by any
medium that the person can or will attempt to perform dental operations of any
kind;
(c) Evaluates or diagnoses, professes to evaluate
or diagnose or treats or professes to treat, surgically or nonsurgically, any
of the diseases, disorders, conditions or lesions of the oral cavity,
maxillofacial area or the adjacent and associated structures and their impact
on the human body.
(d) Extracts teeth;
(e) Corrects malpositions of the teeth or jaws;
(f) Takes impressions of the teeth, mouth or
gums, unless the person is authorized by the regulations of the Board to engage
in such activities without being a licensed dentist;
(g) Examines a person for, or supplies artificial
teeth as substitutes for natural teeth;
(h) Places in the mouth and adjusts or alters
artificial teeth;
(i) Does any practice included in the clinical
dental curricula of accredited dental colleges or a residency program for those
colleges;
(j) Administers or prescribes such remedies,
medicinal or otherwise, as are needed in the treatment of dental or oral
diseases;
(k) Uses X-ray radiation or laser radiation for
dental treatment or dental diagnostic purposes, unless the person is authorized
by the regulations of the Board to engage in such activities without being a
licensed dentist;
(l) Determines:
(1) Whether a particular treatment is
necessary or advisable; or
(2) Which particular treatment is
necessary or advisable; or
(m) Dispenses tooth whitening agents or
undertakes to whiten or bleach teeth by any means or method, unless the person
is:
(1) Dispensing or using a product that may
be purchased over the counter for a person’s own use; or
(2) Authorized by the regulations of the Board
to engage in such activities without being a licensed dentist.
2. Nothing in this section:
(a) Prevents a dental assistant, dental hygienist
or qualified technician from making radiograms or X-ray exposures or using
X-ray radiation or laser radiation for dental treatment or dental diagnostic
purposes upon the direction of a licensed dentist.
(b) Prohibits the performance of mechanical work,
on inanimate objects only, by any person employed in or operating a dental
laboratory upon the written work authorization of a licensed dentist.
(c) Prevents students from performing dental
procedures that are part of the curricula of an accredited dental school or
college or an accredited school of dental hygiene or an accredited school of
dental assisting.
(d) Prevents a licensed dentist or dental
hygienist from another state or country from appearing as a clinician for
demonstrating certain methods of technical procedures before a dental society
or organization, convention or dental college or an accredited school of dental
hygiene or an accredited school of dental assisting.
(e) Prohibits the manufacturing of artificial
teeth upon receipt of a written authorization from a licensed dentist if the
manufacturing does not require direct contact with the patient.
(f) Prohibits the following entities from owning
or operating a dental office or clinic if the entity complies with the
provisions of NRS 631.3452:
(1) A nonprofit corporation organized
pursuant to the provisions of chapter 82 of
NRS to provide dental services to rural areas and medically underserved
populations of migrant or homeless persons or persons in rural communities pursuant
to the provisions of 42 U.S.C. § 254b or 254c.
(2) A federally-qualified health center as
defined in 42 U.S.C. § 1396d(l)(2)(B) operating in compliance with other
applicable state and federal law.
(3) A nonprofit charitable corporation as
described in section 501(c)(3) of the Internal Revenue Code and determined by
the Board to be providing dental services by volunteer licensed dentists at no
charge or at a substantially reduced charge to populations with limited access
to dental care.
(g) Prevents a person who is actively licensed as
a dentist in another jurisdiction from treating a patient if:
(1) The patient has previously been
treated by the dentist in the jurisdiction in which the dentist is licensed;
(2) The dentist treats the patient only
during a course of continuing education involving live patients which:
(I) Is conducted at an institute or
organization with a permanent facility registered with the Board for the sole
purpose of providing postgraduate continuing education in dentistry; and
(II) Meets all applicable
requirements for approval as a course of continuing education; and
(3) The dentist treats the patient only
under the supervision of a person licensed pursuant to NRS
631.2715.
(h) Prohibits a person from providing goods or
services for the support of the business of a dental practice, office or clinic
owned or operated by a licensed dentist or any entity not prohibited from
owning or operating a dental practice, office or clinic if the person does not:
(1) Provide such goods or services in
exchange for payments based on a percentage or share of revenues or profits of
the dental practice, office or clinic; or
(2) Exercise any authority or control over
the clinical practice of dentistry.
3. The Board shall adopt regulations
identifying activities that constitute the exercise of authority or control
over the clinical practice of dentistry, including, without limitation,
activities which:
(a) Exert authority or control over the clinical
judgment of a licensed dentist; or
(b) Relieve a licensed dentist of responsibility
for the clinical aspects of the dental practice.
Ê Such
regulations must not prohibit or regulate aspects of the business relationship,
other than the clinical practice of dentistry, between a licensed dentist or
professional entity organized pursuant to the provisions of chapter 89 of NRS and the person or entity
providing goods or services for the support of the business of a dental practice,
office or clinic owned or operated by the licensed dentist or professional
entity.
[Part 2:152:1951]—(NRS A 1967, 864; 1971, 532; 1981,
1971; 1983, 1111; 1987,
858; 1995,
275; 2005,
271; 2009,
1093, 1526,
3003; 2013, 995)
NRS 631.220 Filing of application for license.
1. Every applicant for a license to
practice dental hygiene or dentistry, or any of its special branches, must:
(a) File an application with the Board at least 45
days before:
(1) The date on which the examination will
be given; or
(2) If an examination is not required for
the issuance of a license, the date on which the Board is scheduled to take
action on the application.
(b) Accompany the application with a recent
photograph of the applicant together with the required fee and such other
documentation as the Board may require by regulation.
(c) Submit with the application a complete set of
fingerprints and written permission authorizing the Board to forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report.
2. An application must include all
information required to complete the application.
[Part 5:152:1951]—(NRS A 1967, 865; 1987, 858; 1989, 1739; 1995, 276; 1997, 2124; 2003, 2860; 2005, 2717, 2807; 2007, 505)
NRS 631.225 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license to
practice dentistry or dental hygiene shall include the social security number
of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license to practice dentistry or dental hygiene shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice dentistry or
dental hygiene may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2123; A 2005, 2717, 2807)
NRS 631.225 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license to practice dentistry or dental hygiene shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice dentistry or
dental hygiene may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2123; A 2005, 2717, 2718, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 631.230 Eligibility of applicant for examination.
1. Any person is eligible to apply for a
license to practice dentistry in the State of Nevada who:
(a) Is over the age of 21 years;
(b) Is a citizen of the United States, or is
lawfully entitled to remain and work in the United States;
(c) Is a graduate of an accredited dental school
or college; and
(d) Is of good moral character.
2. To determine whether a person has good
moral character, the Board may consider whether his or her license to practice
dentistry in another state has been suspended or revoked or whether the person
is currently involved in any disciplinary action concerning his or her license
in that state.
[Part 5:152:1951]—(NRS A 1967, 866; 1971, 534; 1977,
1564; 1983, 1113; 1985,
379; 2001,
1609)
NRS 631.240 Examination; issuance of certificate of registration.
1. Any person desiring to obtain a license
to practice dentistry in this State, after having complied with the regulations
of the Board to determine eligibility:
(a) Except as otherwise provided in NRS 622.090, must present to the Board a
certificate granted by the Joint Commission on National Dental Examinations
which contains a notation that the applicant has passed the National Board
Dental Examination with an average score of at least 75; and
(b) Except as otherwise provided in this chapter,
must:
(1) Successfully pass a clinical
examination approved by the Board and the American Board of Dental Examiners; or
(2) Present to the Board a certificate
granted by the Western Regional Examining Board which contains a notation that
the applicant has passed, within the 5 years immediately preceding the date of
the application, a clinical examination administered by the Western Regional
Examining Board.
2. The Board shall examine each applicant
in writing on the contents and interpretation of this chapter and the
regulations of the Board.
3. All persons who have satisfied the
requirements for licensure as a dentist must be registered as licensed dentists
on the board register, as provided in this chapter, and are entitled to receive
a certificate of registration, signed by all members of the Board.
[Part 5:152:1951]—(NRS A 1971, 534; 1985, 380; 1987, 859; 1991, 330; 1995, 277; 1999, 1654, 2849; 2001, 1610; 2003, 66; 2005, 44, 272; 2007, 506, 2945)
NRS 631.250 Issuance of specialist’s license to dentist licensed in this
State.
1. The Board may issue a specialist’s
license authorizing a dentist licensed in this State to announce, hold himself
or herself out and practice as a specialist in a special area of dentistry for
which there is a certifying board approved by the Commission on Dental
Accreditation of the American Dental Association.
2. No dentist licensed in this State may
announce or hold himself or herself out to the public as a specialist or
practice as a specialist unless the dentist has successfully completed the
educational requirements currently specified for qualification in the special
area by the certifying board.
3. A dentist licensed in this State who
has successfully completed those educational requirements, has passed the
general dentistry examination or has otherwise been approved for licensure by
the Board, and has been issued a specialist’s license under this section may
commence specialty practice immediately in the special area without:
(a) Examination by the certifying board.
(b) Certification as a diplomate of the
certifying board.
4. A dentist licensed in this State to
whom a specialist’s license is issued shall limit his or her practice to the
specialty.
[Part 5:152:1951]—(NRS A 1971, 534; 1981, 1974; 1985, 380; 2001, 1610; 2005, 273)
NRS 631.255 Issuance of specialist’s license to person without required
clinical examination.
1. The Board may, without a clinical
examination required by NRS 631.240, issue a
specialist’s license to a person who:
(a) Presents a current certification as a
diplomate from a certifying board approved by the Commission on Dental
Accreditation of the American Dental Association; or
(b) Has completed the educational requirements
specified for certification in a specialty area by a certifying board approved
by the Commission on Dental Accreditation of the American Dental Association
and is recognized by the certifying board as being eligible for that
certification. A person who is licensed as a specialist pursuant to the
provisions of this paragraph:
(1) Shall submit to the Board his or her
certificate as a diplomate from the certifying board within 6 years after
licensure as a specialist; and
(2) Must maintain certification as a
diplomate of the certifying board during the period in which the person is
licensed as a specialist pursuant to this paragraph.
2. In addition to the requirements set
forth in subsection 1, a person applying for a specialist’s license:
(a) Must hold an active license to practice
dentistry pursuant to the laws of another state or territory of the United
States, or the District of Columbia, or pursuant to the laws of this State,
another state or territory of the United States, or the District of Columbia,
if the person is applying pursuant to paragraph (b) of subsection 1;
(b) Must be a specialist as identified by the
Board;
(c) Shall pay the application, examination and
renewal fees in the same manner as a person licensed pursuant to NRS 631.240;
(d) Must submit all information required to
complete an application for a license; and
(e) Must satisfy the requirements of NRS 631.230.
3. The Board shall not issue a
specialist’s license to a person:
(a) Whose license to practice dentistry has been
revoked or suspended;
(b) Who has been refused a license to practice
dentistry; or
(c) Who is involved in or has pending a
disciplinary action concerning a license to practice dentistry,
Ê in this State,
another state or territory of the United States, or the District of Columbia.
4. The Board shall examine each applicant
in writing on the contents and interpretation of this chapter and the
regulations of the Board.
5. A person to whom a specialist’s license
is issued pursuant to this section shall limit his or her practice to the
specialty.
6. The Board may revoke a specialist’s
license at any time upon submission of substantial evidence to the Board that
the holder of the license violated any provision of this chapter or the
regulations of the Board.
(Added to NRS by 2001, 1607; A 2005, 45, 273, 274, 2719; 2009, 1527)
NRS 631.260 Issuance of licenses. As
soon as possible after the examination has been given, the Board, under rules
and regulations adopted by it, shall determine the qualifications of the
applicant and shall issue to each person found by the Board to have the
qualifications therefor a license which will entitle the person to practice
dental hygiene or dentistry, or any special branch of dentistry, as in such
license defined, subject to the provisions of this chapter.
[Part 5:152:1951]
NRS 631.265 Permit to administer general anesthesia, conscious sedation or
deep sedation.
1. No licensed dentist or person who holds
a restricted license issued pursuant to NRS 631.275
may administer or supervise directly the administration of general anesthesia,
conscious sedation or deep sedation to dental patients unless the dentist or
person has been issued a permit authorizing him or her to do so by the Board.
2. The Board may issue a permit
authorizing a licensed dentist or person who holds a restricted license issued
pursuant to NRS 631.275 to administer or supervise
directly the administration of general anesthesia, conscious sedation or deep
sedation to dental patients under such standards, conditions and other
requirements as the Board shall by regulation prescribe.
(Added to NRS by 1983, 278; A 1989, 1740; 2001, 2692)
NRS 631.267 Authorization to perform physical evaluation and compile medical
history of patient before hospital admission; hospital prohibited from refusing
to accept; “qualified dentist” defined.
1. A qualified dentist may, to the extent
necessary for the exercise of due care in the practice of dentistry, perform a
complete physical evaluation and compile a medical history of a patient before
admitting the patient to a hospital for the purpose of practicing dentistry.
2. A hospital shall not refuse to accept a
physical evaluation or medical history of a patient for the purpose of
admission which is performed by a qualified dentist who is a member in good
standing of the medical staff of the hospital.
3. As used in this section, “qualified
dentist” means a dentist who is licensed to practice dentistry in this State
and who has completed a training program to perform physical evaluations
approved by the American Medical Association or a training program for oral and
maxillofacial surgery approved by the American Dental Association.
(Added to NRS by 1985, 2097; A 1987, 520)
NRS 631.271 Limited license to practice dentistry or dental hygiene; permit
authorizing certain persons to practice dentistry or dental hygiene.
1. The Board shall, without a clinical
examination required by NRS 631.240 or 631.300, issue a limited license to practice dentistry
or dental hygiene to a person who:
(a) Is qualified for a license to practice
dentistry or dental hygiene in this State;
(b) Pays the required application fee;
(c) Has entered into a contract with:
(1) The Nevada System of Higher Education
to provide services as a dental intern, dental resident or instructor of
dentistry or dental hygiene at an educational or outpatient clinic, hospital or
other facility of the Nevada System of Higher Education; or
(2) An accredited program of dentistry or
dental hygiene of an institution which is accredited by a regional educational
accrediting organization that is recognized by the United States Department of
Education to provide services as a dental intern, dental resident or instructor
of dentistry or dental hygiene at an educational or outpatient clinic, hospital
or other facility of the institution and accredited by the Commission on Dental
Accreditation of the American Dental Association or its successor specialty
accrediting organization;
(d) Satisfies the requirements of NRS 631.230 or 631.290, as
appropriate; and
(e) Satisfies at least one of the following requirements:
(1) Has a license to practice dentistry or
dental hygiene issued pursuant to the laws of another state or territory of the
United States, or the District of Columbia;
(2) Presents to the Board a certificate
granted by the Western Regional Examining Board which contains a notation that
the person has passed, within the 5 years immediately preceding the date of the
application, a clinical examination administered by the Western Regional
Examining Board;
(3) Successfully passes a clinical examination
approved by the Board and the American Board of Dental Examiners; or
(4) Has the educational or outpatient
clinic, hospital or other facility where the person will provide services as a
dental intern or dental resident in an internship or residency program submit
to the Board written confirmation that the person has been appointed to a
position in the program and is a citizen of the United States or is lawfully
entitled to remain and work in the United States. If a person qualifies for a
limited license pursuant to this subparagraph, the limited license remains
valid only while the person is actively providing services as a dental intern
or dental resident in the internship or residency program, is lawfully entitled
to remain and work in the United States and is in compliance with all other
requirements for the limited license.
2. The Board shall not issue a limited
license to a person:
(a) Who has been issued a license to practice
dentistry or dental hygiene if:
(1) The person is involved in a disciplinary
action concerning the license; or
(2) The license has been revoked or
suspended; or
(b) Who has been refused a license to practice
dentistry or dental hygiene,
Ê in this
State, another state or territory of the United States, or the District of
Columbia.
3. Except as otherwise provided in
subsection 4, a person to whom a limited license is issued pursuant to
subsection 1:
(a) May practice dentistry or dental hygiene in
this State only:
(1) At the educational or outpatient
clinic, hospital or other facility where the person is employed; and
(2) In accordance with the contract
required by paragraph (c) of subsection 1.
(b) Shall not, for the duration of the limited
license, engage in the private practice of dentistry or dental hygiene in this
State or accept compensation for the practice of dentistry or dental hygiene
except such compensation as may be paid to the person by the Nevada System of
Higher Education or an accredited program of dentistry or dental hygiene for
services provided as a dental intern, dental resident or instructor of
dentistry or dental hygiene pursuant to paragraph (c) of subsection 1.
4. The Board may issue a permit
authorizing a person who holds a limited license to engage in the practice of
dentistry or dental hygiene in this State and to accept compensation for such
practice as may be paid to the person by entities other than the Nevada System
of Higher Education or an accredited program of dentistry or dental hygiene
with whom the person is under contract pursuant to paragraph (c) of subsection
1. The Board shall, by regulation, prescribe the standards, conditions and
other requirements for the issuance of a permit.
5. A limited license expires 1 year after
its date of issuance and may be renewed on or before the date of its
expiration, unless the holder no longer satisfies the requirements for the
limited license. The holder of a limited license may, upon compliance with the
applicable requirements set forth in NRS 631.330
and the completion of a review conducted at the discretion of the Board, be
granted a renewal certificate that authorizes the continuation of practice
pursuant to the limited license for 1 year.
6. A permit issued pursuant to subsection
4 expires on the date that the holder’s limited license expires and may be
renewed when the limited license is renewed, unless the holder no longer
satisfies the requirements for the permit.
7. Within 7 days after the termination of
a contract required by paragraph (c) of subsection 1, the holder of a limited
license shall notify the Board of the termination, in writing, and surrender
the limited license and a permit issued pursuant to this section, if any, to the
Board.
8. The Board may revoke a limited license
and a permit issued pursuant to this section, if any, at any time upon
submission of substantial evidence to the Board that the holder of the license
violated any provision of this chapter or the regulations of the Board.
(Added to NRS by 1999, 1653; A 1999, 2849; 2001, 907; 2003, 1182; 2005, 46, 274; 2011, 74)
NRS 631.2715 Limited license to supervise certain courses of continuing
education.
1. The Board shall, without a clinical
examination required by NRS 631.240 or 631.300, issue a limited license to a person to supervise
courses of continuing education involving live patients at an institute or
organization with a permanent facility registered with the Board for the sole
purpose of providing postgraduate continuing education in dentistry if the
person has received a degree from a dental school or college accredited by the
Commission on Dental Accreditation of the American Dental Association or its
successor.
2. A limited license issued pursuant to
this section expires 1 year after the date of its issuance and may be renewed
annually upon submission of proof acceptable to the Board of compliance with
subsection 1 and payment of any fee required pursuant to subsection 3.
3. The Board may impose a fee of not more
than $100 for the issuance and each renewal of a limited license issued
pursuant to this section.
4. A limited license issued pursuant to
this section may be suspended or revoked by the Board if the holder of the
limited license:
(a) Has had a license to practice dentistry
suspended, revoked or placed on probation in another state, territory or
possession of the United States, the District of Columbia or a foreign country;
(b) Has been convicted of a felony or misdemeanor
involving moral turpitude; or
(c) Has a documented history of substance abuse.
5. A holder of a limited license issued
pursuant to this section shall notify the Board in writing by certified mail
not later than 30 days after:
(a) The death of a patient being treated by a
dentist under the supervision of the holder of a limited license;
(b) Any incident which:
(1) Results in the hospitalization of or a
permanent physical or mental injury to a patient being treated by a dentist
under the supervision of the holder of a limited license; and
(2) Occurs while the dentist is treating
the patient under the supervision of the holder of a limited license; or
(c) Any event or circumstance described in
subsection 4.
(Added to NRS by 2009, 1525)
NRS 631.272 Temporary license to practice dentistry.
1. Except as otherwise provided in this
section, the Board shall, without a clinical examination required by NRS 631.240, issue a temporary license to practice
dentistry to a person who:
(a) Has a license to practice dentistry issued
pursuant to the laws of another state or territory of the United States, or the
District of Columbia;
(b) Has practiced dentistry pursuant to the laws
of another state or territory of the United States, or the District of
Columbia, for a minimum of 5 years;
(c) Has not had a license to practice dentistry
revoked or suspended in this State, another state or territory of the United
States, or the District of Columbia;
(d) Has not been refused a license to practice
dentistry in this State, another state or territory of the United States, or
the District of Columbia;
(e) Is not involved in or does not have pending a
disciplinary action concerning a license to practice dentistry in this State,
another state or territory of the United States, or the District of Columbia;
(f) Pays the application, examination and renewal
fees in the same manner as a person licensed pursuant to NRS
631.240;
(g) Submits all information required to complete
an application for a license; and
(h) Satisfies the requirements of NRS 631.230.
2. A person to whom a temporary license is
issued pursuant to subsection 1 may:
(a) Practice dentistry for the duration of the
temporary license; and
(b) Apply for a permanent license to practice
dentistry without a clinical examination required by NRS
631.240 if the person has held a temporary license to practice dentistry
pursuant to subsection 1 for a minimum of 2 years.
3. The Board shall examine each applicant
in writing on the contents and interpretation of this chapter and the
regulations of the Board.
4. The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dentistry pursuant to
this section.
5. Any person who, on July 1, 2006, holds a temporary license to practice dentistry issued pursuant to this section may,
subject to the regulatory and disciplinary authority of the Board, practice
dentistry under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to
practice dentistry in accordance with this section, whichever period is
shorter.
6. The Board may revoke a temporary
license at any time upon submission of substantial evidence to the Board that
the holder of the license violated any provision of this chapter or the
regulations of the Board.
(Added to NRS by 2001, 1607; A 2003, 66; 2005, 47, 48, 51, 276, 277, 2719; 2007, 506)
NRS 631.273 Temporary license to practice dental hygiene.
1. Except as otherwise provided in this
section, the Board shall, without a clinical examination required by NRS 631.300, issue a temporary license to practice
dental hygiene to a person who:
(a) Has a license to practice dental hygiene
issued pursuant to the laws of another state or territory of the United States,
or the District of Columbia;
(b) Satisfies the requirements of NRS 631.290;
(c) Has practiced dental hygiene pursuant to the
laws of another state or territory of the United States, or the District of
Columbia, for at least 5 years immediately preceding the date that the person
applies for a temporary license;
(d) Has not had a license to practice dental
hygiene revoked or suspended in this State, another state or territory of the
United States, or the District of Columbia;
(e) Has not been denied a license to practice
dental hygiene in this State, another state or territory of the United States,
or the District of Columbia;
(f) Is not involved in or does not have pending a
disciplinary action concerning a license to practice dental hygiene in this
State, another state or territory of the United States, or the District of
Columbia;
(g) Pays the application, examination and renewal
fees in the same manner as a person licensed pursuant to NRS
631.300; and
(h) Submits all information required to complete
an application for a license.
2. A person to whom a temporary license is
issued pursuant to this section may:
(a) Practice dental hygiene for the duration of
the temporary license; and
(b) Apply for a permanent license to practice
dental hygiene without a clinical examination required by NRS 631.300 if the person has held a temporary license
to practice dental hygiene issued pursuant to this section for at least 2
years.
3. The Board shall examine each applicant
in writing concerning the contents and interpretation of this chapter and the
regulations of the Board.
4. The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dental hygiene pursuant
to this section.
5. Any person who, on July 1, 2006, holds a temporary license to practice dental hygiene issued pursuant to this section
may, subject to the regulatory and disciplinary authority of the Board,
practice dental hygiene under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent
license to practice dental hygiene in accordance with this section, whichever
period is shorter.
6. The Board may revoke a temporary
license at any time upon submission of substantial evidence to the Board that
the holder of the license violated any provision of this chapter or the
regulations of the Board.
(Added to NRS by 2003, 518; A 2005, 277, 278, 287, 2720, 2812; 2007, 507)
NRS 631.274 Restricted geographical license to practice dentistry or dental
hygiene.
1. The Board shall, without a clinical
examination required by NRS 631.240 or 631.300, issue a restricted geographical license to
practice dentistry or dental hygiene to a person if the person meets the
requirements of subsection 2 and:
(a) A board of county commissioners submits a
request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for
any applicant intending to practice dentistry or dental hygiene in a rural area
of a county in which dental or dental hygiene needs are underserved as that
term is defined by the officer of rural health of the University of Nevada
School of Medicine;
(b) Two or more boards of county commissioners
submit a joint request that the Board of Dental Examiners of Nevada waive the
requirements of NRS 631.240 or 631.300 for any applicant intending to practice
dentistry or dental hygiene in one or more rural areas within those counties in
which dental or dental hygiene needs are underserved as that term is defined by
the officer of rural health of the University of Nevada School of Medicine; or
(c) The director of a federally qualified health
center or a nonprofit clinic submits a request that the Board waive the
requirements of NRS 631.240 or 631.300 for any applicant who has entered into a
contract with a federally qualified health center or nonprofit clinic which
treats underserved populations in Washoe County or Clark County.
2. A person may apply for a restricted geographical
license if the person:
(a) Has a license to practice dentistry or dental
hygiene issued pursuant to the laws of another state or territory of the United
States, or the District of Columbia;
(b) Is otherwise qualified for a license to
practice dentistry or dental hygiene in this State;
(c) Pays the application, examination and renewal
fees in the same manner as a person licensed pursuant to NRS
631.240 or 631.300;
(d) Submits all information required to complete
an application for a license; and
(e) Satisfies the requirements of NRS 631.230 or 631.290, as
appropriate.
3. The Board shall not issue a restricted
geographical license to a person:
(a) Whose license to practice dentistry or dental
hygiene has been revoked or suspended;
(b) Who has been refused a license to practice
dentistry or dental hygiene; or
(c) Who is involved in or has pending a
disciplinary action concerning a license to practice dentistry or dental
hygiene,
Ê in this
State, another state or territory of the United States, or the District of
Columbia.
4. The Board shall examine each applicant
in writing on the contents and interpretation of this chapter and the
regulations of the Board.
5. A person to whom a restricted
geographical license is issued pursuant to this section:
(a) May practice dentistry or dental hygiene only
in the county or counties which requested the restricted geographical licensure
pursuant to paragraph (a) or (b) of subsection 1.
(b) Shall not, for the duration of the restricted
geographical license, engage in the private practice of dentistry or dental
hygiene in this State or accept compensation for the practice of dentistry or
dental hygiene except such compensation as may be paid to the person by a
federally qualified health center or nonprofit clinic pursuant to paragraph (c)
of subsection 1.
6. Within 7 days after the termination of
a contract pursuant to paragraph (c) of subsection 1, the holder of a
restricted geographical license shall notify the Board of the termination, in
writing, and surrender the restricted geographical license.
7. A person to whom a restricted
geographical license was issued pursuant to this section may petition the Board
for an unrestricted license without a clinical examination required by NRS 631.240 or 631.300 if
the person:
(a) Has not had a license to practice dentistry
or dental hygiene revoked or suspended in this State, another state or
territory of the United States, or the District of Columbia;
(b) Has not been refused a license to practice
dentistry or dental hygiene in this State, another state or territory of the
United States, or the District of Columbia;
(c) Is not involved in or does not have pending a
disciplinary action concerning a license to practice dentistry or dental
hygiene in this State, another state or territory of the United States, or the
District of Columbia; and
(d) Has:
(1) Actively practiced dentistry or dental
hygiene for 3 years at a minimum of 30 hours per week in the county or counties
which requested the restricted geographical licensure pursuant to paragraph (a)
or (b) of subsection 1; or
(2) Been under contract with a federally
qualified health center or nonprofit clinic for a minimum of 3 years.
8. The Board may revoke a restricted
geographical license at any time upon submission of substantial evidence to the
Board that the holder of the license violated any provision of this chapter or
the regulations of the Board.
(Added to NRS by 2001, 1608; A 2005, 48, 50, 279, 281, 2720)
NRS 631.275 Restricted license to practice dentistry at facility that
provides dental services to persons of low income.
1. Except as otherwise provided in
subsection 2, the Board shall, without examination, issue a restricted license
to practice dentistry to a person who:
(a) Has a valid license to practice dentistry
issued pursuant to the laws of another state or the District of Columbia;
(b) Has received a degree from a dental school or
college accredited by the Commission on Dental Accreditation of the American
Dental Association or its successor organization;
(c) Has entered into a contract with a facility
approved by the Division of Public and Behavioral Health of the Department of
Health and Human Services to provide publicly funded dental services
exclusively to persons of low income for the duration of the restricted
license; and
(d) Satisfies the requirements of NRS 631.230.
2. The Board shall not issue a restricted
license to a person:
(a) Who has failed to pass the examination of the
Board;
(b) Who has been refused a license in this State,
another state or territory of the United States, or the District of Columbia;
or
(c) Whose license to practice dentistry has been
revoked in this State, another state or territory of the United States, or the
District of Columbia.
3. A person to whom a restricted license
is issued pursuant to subsection 1:
(a) May perform dental services only:
(1) Under the general supervision of the State
Dental Health Officer or the supervision of a dentist who is licensed to
practice dentistry in this State and appointed by the Division of Public and
Behavioral Health of the Department of Health and Human Services to supervise
dental care that is provided in a facility which has entered into a contract
with the person to whom a restricted license is issued and which is approved by
the Division; and
(2) In accordance with the contract
required pursuant to paragraph (c) of that subsection.
(b) Shall not, for the duration of the restricted
license, engage in the private practice of dentistry, which includes, without
limitation, providing dental services to a person who pays for the services.
4. A restricted license expires 1 year
after its date of issuance and may be renewed on or before the date of its
expiration, unless the holder no longer satisfies the requirements for the
restricted license. The holder of a restricted license may, upon compliance
with the applicable requirements set forth in NRS
631.330 and the completion of a review conducted at the discretion of the
Board, be granted a renewal certificate that authorizes the continuation of
practice pursuant to the restricted license for 1 year.
5. A person who receives a restricted
license must pass the examination of the Board within 3 years after receiving
the restricted license. If the person fails to pass that examination, the Board
shall revoke the restricted license.
6. The Board may revoke a restricted
license at any time upon submission of substantial evidence to the Board that
the holder of the license violated any provision of this chapter or the
regulations of the Board.
(Added to NRS by 1997, 1377; A 1999, 1654, 2849; 2001, 2692; 2005, 283)
NRS 631.280 Failure of examination; limitation on reexamination. Any applicant for a license to practice
dentistry in this State who twice fails to pass the examination of the Board is
not eligible for reexamination within 12 months after the second examination
was taken.
[Part 4:152:1951; A 1953, 363] + [Part
5:152:1951]—(NRS A 1957, 343; 1985, 380)
NRS 631.287 Dental hygienists: Special endorsement of license to practice
public health dental hygiene; renewal.
1. The Board shall, upon application by a
dental hygienist who is licensed pursuant to this chapter and has such
qualifications as the Board specifies by regulation, issue a special
endorsement of the license allowing the dental hygienist to practice public
health dental hygiene. The special endorsement may be renewed biennially upon
the renewal of the license of the dental hygienist.
2. A dental hygienist who holds a special
endorsement issued pursuant to subsection 1 may provide services without the
authorization or supervision of a dentist only as specified by regulations
adopted by the Board.
(Added to NRS by 2001, 2691; A 2013, 479)
NRS 631.290 Dental hygienists: Eligibility to apply for license.
1. Any person is eligible to apply for a
license to practice dental hygiene in this State who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States; and
(d) Is a graduate of a program of dental hygiene
from an institution which is accredited by a regional educational accrediting
organization that is recognized by the United States Department of Education.
The program of dental hygiene must:
(1) Be accredited by the Commission on
Dental Accreditation of the American Dental Association or its successor
specialty accrediting organization; and
(2) Include a curriculum of not less than
2 years of academic instruction in dental hygiene or its academic equivalent.
2. To determine whether a person has good
moral character, the Board may consider whether his or her license to practice
dental hygiene in another state has been suspended or revoked or whether he or
she is currently involved in any disciplinary action concerning his or her
license in that state.
[Part 7:152:1951]—(NRS A 1971, 536; 1977, 1565; 1981,
1975; 1983, 1113; 2001, 1611, 2693, 2695; 2005, 284)
NRS 631.300 Dental hygienists: Examination; issuance of certificate of
registration.
1. Any person desiring to obtain a license
to practice dental hygiene, after having complied with the regulations of the
Board to determine eligibility:
(a) Except as otherwise provided in NRS 622.090, must pass a written
examination given by the Board upon such subjects as the Board deems necessary
for the practice of dental hygiene or must present a certificate granted by the
Joint Commission on National Dental Examinations which contains a notation that
the applicant has passed the National Board Dental Hygiene Examination with a
score of at least 75; and
(b) Except as otherwise provided in this chapter,
must:
(1) Successfully pass a clinical
examination approved by the Board and the American Board of Dental Examiners or
present evidence to the Board that the applicant has passed such a clinical
examination within the 5 years immediately preceding the date of the
application;
(2) Successfully complete a clinical
examination in dental hygiene given by the Board which examines the applicant’s
practical knowledge of dental hygiene and which includes, but is not limited
to, demonstrations in the removal of deposits from, and the polishing of, the
exposed surface of the teeth; or
(3) Present to the Board a certificate
granted by the Western Regional Examining Board which contains a notation that
the applicant has passed, within the 5 years immediately preceding the date of
the application, a clinical examination administered by the Western Regional
Examining Board.
2. The clinical examination given by the
Board must include components that are:
(a) Written or oral, or a combination of both;
and
(b) Practical, as in the opinion of the Board is
necessary to test the qualifications of the applicant.
3. The Board shall examine each applicant
in writing on the contents and interpretation of this chapter and the regulations
of the Board.
4. All persons who have satisfied the
requirements for licensure as a dental hygienist must be registered as licensed
dental hygienists on the board register, as provided in this chapter, and are
entitled to receive a certificate of registration, signed by all members of the
Board.
[Part 7:152:1951]—(NRS A 1967, 866; 1971, 536; 1985, 381; 1991, 330; 1995, 277; 1999, 1655, 2849; 2001, 1611; 2003, 520; 2005, 284; 2007, 2945; 2011, 75, 1872)
NRS 631.310 Dental hygienists: Places of practice; supervision; provision of
services.
1. Except as otherwise provided in NRS 631.271 and 631.287,
the holder of a license or renewal certificate to practice dental hygiene may
practice dental hygiene in this State in the following places:
(a) In the office of any licensed dentist.
(b) In a clinic or in clinics in the public
schools of this State as an employee of the Division of Public and Behavioral
Health of the Department of Health and Human Services.
(c) In a clinic or in clinics in a state
institution as an employee of the institution.
(d) In a clinic established by a hospital
approved by the Board as an employee of the hospital where service is rendered
only to patients of the hospital, and upon the authorization of a member of the
dental staff.
(e) In an accredited school of dental hygiene.
(f) In other places if specified in a regulation
adopted by the Board.
2. A dental hygienist may perform only the
services which are authorized by a dentist licensed in the State of Nevada,
unless otherwise provided in a regulation adopted by the Board.
3. Except as otherwise provided in NRS 631.287 or specifically authorized by a regulation
adopted by the Board, a dental hygienist shall not provide services to a person
unless that person is a patient of the dentist who authorized the performance
of those services.
[12:152:1951]—(NRS A 1963, 974; 1971, 536; 1973,
1406; 1981, 1975; 1983, 1113; 1995, 216; 1999, 1656, 2849; 2001, 2693)
NRS 631.311 Dentist not required to be present when dental hygienist
provides services authorized by dentist. A
dentist who provides a written or oral authorization to a dental hygienist for
the provision of services by that dental hygienist is not required to be
present when those services are provided.
(Added to NRS by 2003, 519)
NRS 631.313 Assignment of dental hygienist or dental assistant to perform
intraoral tasks under supervision of dentist; exception; administration of
local anesthesia or nitrous oxide by dental hygienist.
1. A licensed dentist may assign to a
person in his or her employ who is a dental hygienist, dental assistant or
other person directly or indirectly involved in the provision of dental care
only such intraoral tasks as may be permitted by a regulation of the Board or
by the provisions of this chapter.
2. The performance of these tasks must be:
(a) If performed by a dental assistant or a
person, other than a dental hygienist, who is directly or indirectly involved
in the provision of dental care, under the supervision of the licensed dentist
who made the assignment.
(b) If performed by a dental hygienist,
authorized by the licensed dentist of the patient for whom the tasks will be
performed, except as otherwise provided in NRS 631.287.
3. No such assignment is permitted that
requires:
(a) The diagnosis, treatment planning,
prescribing of drugs or medicaments, or authorizing the use of restorative,
prosthodontic or orthodontic appliances.
(b) Surgery on hard or soft tissues within the
oral cavity or any other intraoral procedure that may contribute to or result
in an irremediable alteration of the oral anatomy.
(c) The administration of general anesthesia, conscious
sedation or deep sedation except as otherwise authorized by regulations adopted
by the Board.
(d) The performance of a task outside the
authorized scope of practice of the employee who is being assigned the task.
4. A dental hygienist may, pursuant to
regulations adopted by the Board, administer local anesthesia or nitrous oxide
in a health care facility, as defined in NRS
162A.740, if:
(a) The dental hygienist is so authorized by the
licensed dentist of the patient to whom the local anesthesia or nitrous oxide
is administered; and
(b) The health care facility has licensed medical
personnel and necessary emergency supplies and equipment available when the
local anesthesia or nitrous oxide is administered.
(Added to NRS by 1971, 531; A 1981, 1975; 1983, 1114;
1987, 859; 1995, 216; 2001, 2694; 2009, 212)
NRS 631.317 Regulations concerning intraoral tasks and other practices. The Board shall adopt rules or regulations:
1. Specifying the intraoral tasks that may
be assigned by a licensed dentist to a dental hygienist or dental assistant in
his or her employ or that may be performed by a dental hygienist engaged in
school health activities or employed by a public health agency.
2. Governing the practice of dentists and
dental hygienists in full-time employment with the State of Nevada.
(Added to NRS by 1971, 531)
NRS 631.330 Renewal of license: Requirements; issuance of renewal
certificate.
1. Licenses issued pursuant to NRS 631.271, 631.2715 and
631.275 must be renewed annually. All other
licenses must be renewed biennially.
2. Except as otherwise provided in NRS 631.271, 631.2715 and
631.275:
(a) Each holder of a license to practice
dentistry or dental hygiene must, upon:
(1) Payment of the required fee;
(2) Submission of proof of completion of
the required continuing education; and
(3) Submission of all information required
to complete the renewal,
Ê be granted a
renewal certificate which will authorize continuation of the practice for 2
years.
(b) A licensee must comply with the provisions of
this subsection and subsection 1 on or before June 30. Failure to comply with
those provisions by June 30 every 2 years automatically suspends the license,
and it may be reinstated only upon payment of the fee for reinstatement and
compliance with the requirements of this subsection.
3. If a license suspended pursuant to this
section is not reinstated within 12 months after suspension, it is
automatically revoked.
[Part 4:152:1951; A 1953, 363] + [8:152:1951]—(NRS A
1957, 343; 1967, 866; 1981, 1976; 1985, 381; 1997, 2124; 1999, 1656, 2849; 2005, 285, 2722, 2807; 2009, 1528)
NRS 631.335 Inactive status of license.
1. The license of a person who does not
actively practice in this State for 1 year automatically reverts to inactive
status at the time the license renewal fee is next payable. If a person whose
license has reverted to inactive status:
(a) Continues to practice actively outside this
State, the license may be reinstated to active status by the
Secretary-Treasurer if the person pays the required reinstatement fee and
complies with the conditions prescribed by the regulations of the Board.
(b) Does not continue to practice, the license
may be reinstated to active status only upon the motion of the Board,
submission of the required reinstatement fee and proof of continuing education,
and compliance with the conditions prescribed by the regulations of the Board.
2. A licensee who has a disability and
cannot practice, or who is retired must be issued a license which reflects that
status when the fee to renew the license is next payable. The license may be
reinstated to active status only upon the motion of the Board, submission of
the required reinstatement fee and proof of continuing education, and
compliance with the conditions prescribed by the regulations of the Board.
(Added to NRS by 1981, 1974; A 1985, 381; 1989, 1740; 1995, 277; 1999, 1656, 2849)
NRS 631.340 Restoration of license.
1. Any person who has obtained from the
Board a license certificate to practice dental hygiene or dentistry or any
special branch of dentistry in this State, and who fails to obtain a renewal
certificate, must, before resuming the practice in which he or she was
licensed, make application to the Secretary-Treasurer, under such rules as the
Board may prescribe, for the restoration of the license to practice.
2. Upon application being made, the
Secretary-Treasurer shall determine whether the applicant possesses the
qualifications prescribed for the granting of a license to practice in his or
her particular profession, and whether the applicant continues to possess a
good moral character and is not otherwise disqualified to practice in this
State. If the Secretary-Treasurer so determines, the Secretary-Treasurer shall
thereupon issue the license, and thereafter the person may make application
annually for a renewal certificate, as provided in this chapter.
[9:152:1951]—(NRS A 1967, 867; 1981, 1976; 1995, 278)
NRS 631.342 Regulations concerning continuing education.
1. The Board shall adopt regulations
concerning continuing education in dentistry and dental hygiene. The
regulations must include:
(a) The number of hours of credit required
annually;
(b) The criteria used to accredit each course;
and
(c) The requirements for submission of proof of
attendance at courses.
2. Except as otherwise provided in
subsection 3, as part of continuing education, each licensee must complete a
course of instruction, within 2 years after initial licensure, relating to the
medical consequences of an act of terrorism that involves the use of a weapon
of mass destruction. The course must provide at least 4 hours of instruction
that includes instruction in the following subjects:
(a) An overview of acts of terrorism and weapons
of mass destruction;
(b) Personal protective equipment required for
acts of terrorism;
(c) Common symptoms and methods of treatment
associated with exposure to, or injuries caused by, chemical, biological, radioactive
and nuclear agents;
(d) Syndromic surveillance and reporting
procedures for acts of terrorism that involve biological agents; and
(e) An overview of the information available on,
and the use of, the Health Alert Network.
3. Instead of the course described in
subsection 2, a licensee may complete:
(a) A course in Basic Disaster Life Support or a
course in Core Disaster Life Support if the course is offered by a provider of
continuing education accredited by the National Disaster Life Support Foundation;
or
(b) Any other course that the Board determines to
be the equivalent of a course specified in paragraph (a).
4. Notwithstanding the provisions of
subsections 2 and 3, the Board may determine whether to include in a program of
continuing education additional courses of instruction relating to the medical
consequences of an act of terrorism that involves the use of a weapon of mass
destruction.
5. As used in this section:
(a) “Act of terrorism” has the meaning ascribed
to it in NRS 202.4415.
(b) “Biological agent” has the meaning ascribed
to it in NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to
it in NRS 202.4425.
(d) “Radioactive agent” has the meaning ascribed
to it in NRS 202.4437.
(e) “Weapon of mass destruction” has the meaning
ascribed to it in NRS 202.4445.
(Added to NRS by 1985, 379; A 2003, 2956; 2009, 301)
NRS 631.343 Persons exempt from requirement of continuing education. A holder of an inactive license, or the holder
of a license who is retired or has a disability, is exempt from the requirement
of continuing education. If the holder of such a license applies to the Board
to reactivate it, he or she must submit proof of continuing education for the
year in which the license is restored to active status.
(Added to NRS by 1985, 379)
NRS 631.345 Fees.
1. Except as otherwise provided in NRS 631.2715, the Board shall by regulation establish
fees for the performance of the duties imposed upon it by this chapter which
must not exceed the following amounts:
Application fee for
an initial license to practice dentistry......................... $1,500
Application fee for an
initial license to practice dental hygiene.................... 750
Application fee for a
specialist’s license to practice dentistry........................ 300
Application fee for a
limited license or restricted license to practice dentistry or dental hygiene 300
Fee for administering
a clinical examination in dentistry............................ 2,500
Fee for administering
a clinical examination in dental hygiene................. 1,500
Application and
examination fee for a permit to administer general anesthesia, conscious
sedation or deep sedation. 750
Fee for any
reinspection required by the Board to maintain a permit to administer general
anesthesia, conscious sedation or deep sedation.................................................................................................... 500
Biennial renewal fee
for a permit to administer general anesthesia, conscious sedation or deep
sedation 600
Fee for the
inspection of a facility required by the Board to renew a permit to administer
general anesthesia, conscious sedation or deep sedation............................................................................... 350
Biennial license
renewal fee for a general license, specialist’s license, temporary license or
restricted geographical license to practice dentistry.......................................................................................... 1,000
Annual license
renewal fee for a limited license or restricted license to practice dentistry 300
Biennial license
renewal fee for a general license, temporary license or restricted geographical
license to practice dental hygiene............................................................................................................... 600
Annual license renewal
fee for a limited license to practice dental hygiene 300
Biennial license
renewal fee for an inactive dentist......................................... 400
Biennial license
renewal fee for a dentist who is retired or has a disability.. 100
Biennial license
renewal fee for an inactive dental hygienist......................... 200
Biennial license
renewal fee for a dental hygienist who is retired or has a disability 100
Reinstatement fee for
a suspended license to practice dentistry or dental hygiene 500
Reinstatement fee for
a revoked license to practice dentistry or dental hygiene 500
Reinstatement fee to
return a dentist or dental hygienist who is inactive, retired or has a
disability to active status 500
Fee for the
certification of a license...................................................................... 50
2. Except as otherwise provided in this
subsection, the Board shall charge a fee to review a course of continuing
education for accreditation. The fee must not exceed $150 per credit hour of
the proposed course. The Board shall not charge a nonprofit organization or an
agency of the State or of a political subdivision of the State a fee to review
a course of continuing education.
3. All fees prescribed in this section are
payable in advance and must not be refunded.
[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343;
1967, 865; 1971, 533; 1981, 1974; 1983, 278; 1985, 382; 1987, 859; 1989, 1740; 1993, 2743; 1999, 1657, 2849; 2005, 285; 2009, 1528;
2011, 76)
ENTITIES OWNING OR OPERATING A DENTAL OFFICE OR CLINIC
NRS 631.3452 Designation and responsibilities of dental director of dental
office or clinic; retention of records. Except
as otherwise provided in NRS 631.3453, an entity
that owns or operates a dental office or clinic as described in paragraph (f)
of subsection 2 of NRS 631.215 must:
1. Designate an actively licensed dentist
as the dental director of the dental office or clinic. The dental director
shall have responsibility for the clinical practice of dentistry at the dental
office or clinic, including, without limitation:
(a) Diagnosing or treating any of the diseases or
lesions of the oral cavity, teeth, gingiva or the supporting structures thereof.
(b) Administering or prescribing such remedies,
medicinal or otherwise, as are needed in the treatment of dental or oral
diseases.
(c) Determining:
(1) Whether a particular treatment is
necessary or advisable; or
(2) Which particular treatment is
necessary or advisable.
(d) The overall quality of patient care that is
rendered or performed in the clinical practice of dentistry.
(e) Supervising dental hygienists, dental
assistants and other personnel involved in direct patient care and authorizing
procedures performed by the dental hygienists, dental assistants and other
personnel in accordance with the standards of supervision established by law or
regulations adopted pursuant thereto.
(f) Providing any other specific services that
are within the scope of clinical dental practice.
(g) Retaining patient dental records as required
by law and regulations adopted by the Board.
(h) Ensuring that each patient receiving services
from the dental office or clinic has a dentist of record.
2. Maintain current records of the names
of licensed dentists who supervise the clinical activities of dental
hygienists, dental assistants or other personnel involved in direct patient
care. The records must be available to the Board upon written request.
(Added to NRS by 2009, 1092;
A 2013, 479)
NRS 631.3453 Designation of dental director of dental office or clinic;
exceptions. The provisions of NRS 631.3452 requiring the designation of an actively
licensed dentist as a dental director do not apply to a program for the
provision of public health dental hygiene if:
1. The program is owned or operated by a dental
hygienist who holds a special endorsement of his or her license to practice
public health dental hygiene pursuant to NRS 631.287;
and
2. Each dental hygienist employed to
provide public health dental hygiene pursuant to the program holds a special
endorsement of his or her license to practice public health dental hygiene
pursuant to NRS 631.287.
(Added to NRS by 2013, 478)
NRS 631.3454 Ownership or operation not violation or dishonorable or
unprofessional conduct; contract with entity by dentist or professional entity
not prohibited.
1. It is not a violation of NRS 631.395 or an act of dishonorable or
unprofessional conduct under NRS 631.346 to 631.349, inclusive, for an entity to own or operate a
dental office or clinic as described in and operating in compliance with the
provisions of paragraph (f) of subsection 2 of NRS
631.215 and 631.3452.
2. It is not a violation of NRS 631.3465 for a dentist or a professional entity
organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with an entity
described in and operating in compliance with the provisions of paragraph (f)
of subsection 2 of NRS 631.215 and 631.3452.
(Added to NRS by 2009, 1092)
PERSONS OR ENTITIES PROVIDING GOODS OR SERVICES FOR SUPPORT
OF THE BUSINESS OF A DENTAL PRACTICE, OFFICE OR CLINIC
NRS 631.3455 Unlicensed person or entity not precluded from providing goods
or services for support of business of dental practice, office or clinic in
certain circumstances. Nothing in
this chapter precludes a person or entity not licensed by the Board from providing
goods or services for the support of the business of a dental practice, office
or clinic if the person or entity does not manage or control the clinical
practice of dentistry. Such goods and services may include, without limitation,
transactions involving:
1. Real and personal property, other than
the ownership of the clinical records of patients; and
2. Personnel, other than licensed dentists
and dental hygienists.
(Added to NRS by 2009, 3001)
NRS 631.3456 Certain provision of goods or services or receipt of payment for
provision of goods or services not violation or dishonorable or unprofessional
conduct; contracts with persons providing such goods or services not
prohibited.
1. It is not a violation of NRS 631.395, or an act of dishonorable or unprofessional
conduct under NRS 631.346 to 631.349,
inclusive, for a person described in paragraph (h) of subsection 2 of NRS 631.215 to provide, or receive payment for
providing, goods or services in accordance with the conditions set forth in
paragraph (h) of subsection 2 of NRS 631.215.
2. It is not a violation of NRS 631.3465 for a dentist or a professional entity
organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with a person
described in and operating in accordance with the conditions set forth in
paragraph (h) of subsection 2 of NRS 631.215.
(Added to NRS by 2009, 3001;
A 2011, 119)
NRS 631.3457 Revocation of state business license for certain violations.
1. If the Board determines that a person
who provides goods or services for the support of the business of a dental
practice, office or clinic has committed any act described in subparagraph (1)
or (2) of paragraph (h) of subsection 2 of NRS 631.215,
the Board may seek revocation of any state business license held by that person
by submitting a request for such revocation to the Secretary of State.
2. Upon receipt of a request for a
revocation of a state business license pursuant to subsection 1, the Secretary
of State shall revoke that license in accordance with the provisions of this
section and in the manner provided in NRS
76.170 as if the holder of the license had failed to comply with a
provision of chapter 76 of NRS.
3. The Secretary of State shall not issue
a new license to the former holder of a state business license revoked pursuant
to this section unless the Secretary of State receives notification from the
Board that the Board is satisfied that the person:
(a) Will comply with any regulations of the Board
adopted pursuant to the provisions of this chapter; and
(b) Will not commit any act described in
subparagraph (1) or (2) of paragraph (h) of subsection 2 of NRS 631.215 or any act prohibited by regulations of
the Board adopted pursuant to the provisions of this chapter.
4. As used in this section, “state
business license” has the meaning ascribed to it in NRS 76.030.
(Added to NRS by 2009, 3002)
UNPROFESSIONAL CONDUCT
NRS 631.346 Employment of unlicensed person; public demonstrations; aiding
in unlicensed practice; dental hygienist practicing in unauthorized place;
practice with license suspended or without renewal certificate. The following acts, among others, constitute
unprofessional conduct:
1. Employing, directly or indirectly, any
student or any suspended or unlicensed dentist or dental hygienist to perform
operations of any kind to treat or correct the teeth or jaws, except as
provided in this chapter;
2. Except as otherwise provided in NRS 631.287, giving a public demonstration of methods
of practice any place other than the office where the licensee is known to be
regularly engaged in this practice;
3. Employing, procuring, inducing, aiding
or abetting a person not licensed or registered as a dentist to engage in the
practice of dentistry, but a patient shall not be deemed to be an accomplice,
employer, procurer, inducer, aider or abettor;
4. For a dental hygienist, practicing in
any place not authorized pursuant to this chapter; or
5. Practicing while a license is suspended
or without a renewal certificate.
(Added to NRS by 1983, 1106; A 2001, 2694)
NRS 631.3465 Fee for referral; association with person engaged in illegal
practice or with unlicensed person; use of name “clinic,” “institute” or
“referral services”; practice under name of retired dentist. The following acts, among others, constitute
unprofessional conduct:
1. Dividing fees or agreeing to divide
fees received for services with any person for bringing or referring a patient,
without the knowledge of the patient or his or her legal representative, but
licensed dentists are not prohibited from:
(a) Practicing in a partnership and sharing
professional fees;
(b) Employing another licensed dentist or dental
hygienist; or
(c) Rendering services as a member of a nonprofit
professional service corporation.
2. Associating with or lending his or her
name to any person engaged in the illegal practice of dentistry or associating
with any person, firm or corporation holding himself, herself or itself out in
any manner contrary to the provisions of this chapter.
3. Associating with or being employed by a
person not licensed pursuant to this chapter if that person exercises control
over the services offered by the dentist, owns all or part of the dentist’s
practice or receives or shares the fees received by the dentist. The provisions
of this subsection do not apply to a dentist who associates with or is employed
by a person who owns or controls a dental practice pursuant to NRS 631.385.
4. Using the name “clinic,” “institute,”
“referral services” or other title or designation that may suggest a public or
semipublic activity.
5. Practicing under the name of a dentist
who has not been in active practice for more than 1 year.
(Added to NRS by 1983, 1107; A 1987, 1041)
NRS 631.347 Participation in plan requiring patients to select dentist from
preselected group unless plan for personal selection offered; authorized
disciplinary action. Participating
in any plan or practice in which patients are required to select a dentist from
a preselected group constitutes unprofessional conduct unless those patients
are also offered a plan which provides them with a reasonable opportunity to
select a dentist of their own choice. The Board may not revoke the license of a
person who participates in such a plan or practice but may take any other
action authorized in this chapter regarding unprofessional conduct.
(Added to NRS by 1983, 1107)
NRS 631.3475 Malpractice; professional incompetence; disciplinary action in
another state; substandard care; procurement or administration of controlled
substance or dangerous drug; inebriety or addiction; gross immorality;
conviction of certain crimes; certain operation of medical facility. The following acts, among others, constitute
unprofessional conduct:
1. Malpractice;
2. Professional incompetence;
3. Suspension or revocation of a license
to practice dentistry, the imposition of a fine or other disciplinary action by
any agency of another state authorized to regulate the practice of dentistry in
that state;
4. More than one act by the dentist or
dental hygienist constituting substandard care in the practice of dentistry or
dental hygiene;
5. Administering, dispensing or
prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to
treat the dentist’s patient;
6. Knowingly procuring or administering a
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the
United States Food and Drug Administration, unless the unapproved controlled
substance or dangerous drug:
(a) Was procured through a retail pharmacy
licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy
which is licensed pursuant to chapter 639 of
NRS and which has been recommended by the State Board of Pharmacy pursuant to
subsection 4 of NRS 639.2328; or
(c) Is marijuana being used for medical purposes
in accordance with chapter 453A of NRS;
7. Chronic or persistent inebriety or
addiction to a controlled substance, to such an extent as to render the person
unsafe or unreliable as a practitioner, or such gross immorality as tends to
bring reproach upon the dental profession;
8. Conviction of a felony or misdemeanor
involving moral turpitude or which relates to the practice of dentistry in this
State, or conviction of any criminal violation of this chapter;
9. Conviction of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
10. Operation of a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility is suspended or
revoked; or
(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.
(Added to NRS by 1983, 1107; A 1987, 1556; 1993, 784; 2009, 882; 2011, 258, 849)
NRS 631.348 Misleading statements; false advertising; fraud in securing
license; practice under misleading name; submitting fraudulent claim to
insurer; failure to notify insurer of forgiven debt. The
following acts, among others, constitute unprofessional conduct:
1. Publishing or circulating, directly or
indirectly, any fraudulent, false or misleading statement concerning the skill
or method of practice of any dentist;
2. Using advertising which is false or
misleading;
3. Claiming or inferring professional
superiority over neighboring practitioners;
4. Using fraud or misrepresentation to
secure a license;
5. Practicing under a name, other than a
lawfully assumed or fictitious name, that is false or misleading;
6. Submitting a false or fraudulent claim
for payment to an insurer for dental services rendered; or
7. Failing repeatedly to advise an insurer
that the dentist has forgiven the patient’s share of the payment to the dentist
under a policy of insurance. This failure to notify an insurer includes
forgiving one patient’s debts more than once and forgiving the debt of
different patients with different insurers on a regular basis.
(Added to NRS by 1983, 1108)
NRS 631.3485 Violation of chapter or regulations; failure to pay fee for
license. The following acts, among
others, constitute unprofessional conduct:
1. Willful or repeated violations of the
provisions of this chapter;
2. Willful or repeated violations of the
regulations of the State Board of Health, the State Board of Pharmacy or the
Board of Dental Examiners of Nevada;
3. Failure to pay the fees for a license;
or
4. Failure to make the health care records
of a patient available for inspection and copying as provided in NRS 629.061.
(Added to NRS by 1983, 1108; A 1987, 801, 1041)
NRS 631.3487 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to practice dentistry or dental hygiene, the Board shall
deem the license issued to that person to be suspended at the end of the 30th
day after the date on which the court order was issued unless the Board receives
a letter issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license to
practice dentistry or dental hygiene that has been suspended by a district
court pursuant to NRS 425.540 if:
(a) The Board receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and
(b) The person whose license was suspended pays
the fee imposed pursuant to NRS 631.345 for the
reinstatement of a suspended license.
(Added to NRS by 1997, 2123; A 2005, 2807)
NRS 631.349 Examples of unprofessional conduct not complete list or
authorization of other acts; Board may hold similar acts unprofessional
conduct. The acts described in NRS 631.346 to 631.3485,
inclusive, must not be construed as a complete list of dishonorable or
unprofessional conduct, or as authorizing or permitting the performance of
other and similar acts, or as limiting or restricting the Board from holding
that other or similar acts constitute unprofessional or dishonorable conduct.
(Added to NRS by 1983, 1108)
DISCIPLINARY ACTION
NRS 631.350 Disciplinary powers of Board; grounds; delegation of authority
to take disciplinary action; deposit of fines; claim for attorney’s fees and
costs of investigation; private reprimands prohibited; orders imposing
discipline deemed public records.
1. Except as otherwise provided in NRS 631.271, 631.2715 and
631.347, the Board may:
(a) Refuse to issue a license to any person;
(b) Revoke or suspend the license or renewal
certificate issued by it to any person;
(c) Fine a person it has licensed;
(d) Place a person on probation for a specified
period on any conditions the Board may order;
(e) Issue a public reprimand to a person;
(f) Limit a person’s practice to certain branches
of dentistry;
(g) Require a person to participate in a program
to correct alcohol or drug abuse or any other impairment;
(h) Require that a person’s practice be
supervised;
(i) Require a person to perform community service
without compensation;
(j) Require a person to take a physical or mental
examination or an examination of his or her competence;
(k) Require a person to fulfill certain training
or educational requirements;
(l) Require a person to reimburse a patient; or
(m) Any combination thereof,
Ê upon
submission of substantial evidence to the Board that the person has engaged in
any of the activities listed in subsection 2.
2. The following activities may be
punished as provided in subsection 1:
(a) Engaging in the illegal practice of dentistry
or dental hygiene;
(b) Engaging in unprofessional conduct; or
(c) Violating any regulations adopted by the
Board or the provisions of this chapter.
3. The Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant to this
chapter, impose and collect fines therefor and deposit the money therefrom in
banks, credit unions or savings and loan associations in this State.
4. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 3 and the Board
deposits the money collected from the imposition of fines with the State
Treasurer for credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if money
is needed to pay attorney’s fees or the costs of an investigation, or both.
5. The Board shall not administer a
private reprimand.
6. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
[10:152:1951]—(NRS A 1981, 1976; 1983, 1114, 1535,
1546, 1547; 1987,
860; 1999,
1531, 1658,
2849; 2001, 91; 2001
Special Session, 154; 2003, 3438; 2005, 287; 2009, 1529)
NRS 631.355 Action by hearing officer or panel: Procedural requirements;
powers and duties of officer or panel.
1. Any disciplinary action taken by a
hearing officer or panel pursuant to NRS 631.350 is
subject to the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has those powers and duties given
to the Board in relation thereto.
2. Any decision of the hearing officer or
panel relating to the imposition of any disciplinary action pursuant to this
chapter is a final decision in a contested case.
(Added to NRS by 1983, 1535; A 1987, 861)
NRS 631.360 Investigation, notice and hearing; subpoena; search warrant;
retention of complaints.
1. The Board may, upon its own motion, and
shall, upon the verified complaint in writing of any person setting forth facts
which, if proven, would constitute grounds for initiating disciplinary action,
investigate the actions of any person who practices dentistry or dental hygiene
in this State. A complaint may be filed anonymously. If a complaint is filed
anonymously, the Board may accept the complaint but may refuse to consider the
complaint if anonymity of the complainant makes processing the complaint
impossible or unfair to the person who is the subject of the complaint.
2. The Board shall, before initiating
disciplinary action, at least 10 days before the date set for the hearing,
notify the accused person in writing of any charges made. The notice may be
served by delivery of it personally to the accused person or by mailing it by
registered or certified mail to the place of business last specified by the
accused person, as registered with the Board.
3. At the time and place fixed in the
notice, the Board shall proceed to hear the charges. If the Board receives a
report pursuant to subsection 5 of NRS
228.420, a hearing must be held within 30 days after receiving the report.
4. The Board may compel the attendance of
witnesses or the production of documents or objects by subpoena. The Board may
adopt regulations that set forth a procedure pursuant to which the Executive
Director may issue subpoenas on behalf of the Board. Any person who is
subpoenaed pursuant to this subsection may request the Board to modify the
terms of the subpoena or grant additional time for compliance.
5. The Board may obtain a search warrant
from a magistrate upon a showing that the warrant is needed for an
investigation or hearing being conducted by the Board and that reasonable cause
exists to issue the warrant.
6. If the Board is not sitting at the time
and place fixed in the notice, or at the time and place to which the hearing
has been continued, the Board shall continue the hearing for a period not to
exceed 30 days.
7. The Board shall retain all complaints
received by the Board pursuant to this section for at least 10 years,
including, without limitation, any complaints not acted upon.
[Part 11:152:1951]—(NRS A 1969, 95; 1981, 99; 1983,
1114; 1993, 784;
2007, 508; 2009, 883; 2013, 2219)
NRS 631.363 Appointment of member or agent to conduct investigation and
hearing; notice of hearing; report; hearing by Board.
1. The Board may appoint one of its
members and any of its employees, investigators or other agents to conduct an
investigation and informal hearing concerning any practice by a person
constituting a violation of the provisions of this chapter or the regulations
of the Board.
2. The investigator designated by the
Board to conduct a hearing shall notify the person being investigated at least
10 days before the date set for the hearing. The notice must describe the
reasons for the investigation and must be served personally on the person being
investigated or by mailing it by registered or certified mail to his or her
last known address.
3. If, after the hearing, the investigator
determines that the Board should take further action concerning the matter, the
investigator shall prepare written findings of fact and conclusions and submit
them to the Board. A copy of the report must be sent to the person being investigated.
4. If the Board, after receiving the
report of its investigator pursuant to this section, holds its own hearing on
the matter pursuant to NRS 631.360, it may consider
the investigator’s report but is not bound by his or her findings or
conclusions. The investigator shall not participate in the hearing conducted by
the Board.
5. If the person who was investigated
agrees in writing to the findings and conclusions of the investigator, the
Board may adopt that report as its final order and take such action as is
necessary without conducting its own hearing on the matter.
(Added to NRS by 1983, 1108)
NRS 631.366 Enforcement of subpoena by district court.
1. The district court for the county in
which any investigation or hearing is being conducted by the Board may compel
the attendance of witnesses, the giving of testimony and the production of
books and papers as required by any subpoena issued by or on behalf of the
Board.
2. If any witness refuses to attend or
testify or produce any papers required by a subpoena, the Board may so report
to the district court for the county in which the investigation or hearing is
pending by petition, setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books and
papers;
(b) That the witness has been subpoenaed in the
manner prescribed in this chapter;
(c) That the witness has failed and refused to
attend or produce the papers required by subpoena before the Board in the
investigation or hearing named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigation or
hearing;
(d) That the subpoena identified specifically any
documents or the subject of any testimony required;
(e) That the documents or testimony were relevant
to the allegations being investigated or heard; and
(f) That no reasonable cause exists for the
failure or refusal to comply with the subpoena,
Ê and requesting
an order of the court compelling the witness to attend and testify or produce
the books or papers before the Board.
3. The court, upon petition of the Board,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in its order, not more than 10 days after
the service of the order, and show cause why the witness has not attended or
testified or produced the books or papers before the Board. A certified copy of
the order must be served upon the witness. If it appears to the court that the
subpoena was regularly issued by or on behalf of the Board and there is no
reasonable cause for the refusal or failure to comply, the court shall
thereupon enter an order that the witness appear before the Board at the time
and place fixed in the order and testify or produce the required books or
papers, and upon failure to obey the order the witness must be dealt with as if
in contempt of court.
4. The court may consider, in determining
whether reasonable cause existed for the witness’s refusal or failure to comply
with the subpoena, such factors as:
(a) The burden or cost of compliance, financial
or otherwise, to the witness;
(b) The time allowed for compliance;
(c) The extent of the information requested in
relation to the nature of the underlying charge; and
(d) The extent of the statistical information
necessary to investigate the charge adequately.
(Added to NRS by 1983, 1109; A 2007, 508)
NRS 631.368 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action deemed public records;
dissemination of records to other agencies.
1. Except as otherwise provided in this
section and NRS 239.0115, any records
or information obtained during the course of an investigation by the Board and
any record of the investigation are confidential.
2. The complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
3. The Board shall, to the extent
feasible, communicate or cooperate with or provide any record or information
described in subsection 1 to any other licensing board or any other agency that
is investigating a person, including a law enforcement agency.
(Added to NRS by 1993, 2742; A 2003, 3439; 2007, 2135; 2013, 2220)
MISCELLANEOUS PROVISIONS
NRS 631.371 Use of letters “M.D.” or other appropriate abbreviation by
certain dentists who hold degree as doctor of medicine. A dentist licensed pursuant to this chapter
who holds a degree as a doctor of medicine and is not licensed as a physician
pursuant to chapter 630 of NRS may identify
himself or herself as a doctor of medicine and use the letters “M.D.” or any
other appropriate abbreviation if the dentist clearly identifies himself or
herself as a practitioner of dentistry.
(Added to NRS by 2003, 438)
NRS 631.375 Identification of removable dental appliances by name or social
security number. All artificial
teeth, dentures or other removable dental appliances, at the time they are
manufactured or sent to a laboratory for repair, must be identified with the
name or social security number of the owner by:
1. Embedding the name or number in the
material of the appliance;
2. Adding the name or number with an
adhesive; or
3. Marking the appliance in any manner
consistent with advances in technology and approved by the Board.
(Added to NRS by 1987, 2222)
NRS 631.378 Immunity from civil liability for furnishing information to
Board or otherwise assisting in investigation or prosecution; recovery of
attorney’s fees and costs.
1. Any person who furnishes information to
the Board concerning a licensee or an applicant for licensure, in good faith
and without malicious intent, is immune from any civil action for furnishing
that information.
2. The Board, any member, employee or
committee of the Board, counsel, investigator, expert, hearing officer,
licensee or other person who assists the Board in the investigation or
prosecution of an alleged violation of a provision of this chapter, a
proceeding concerning licensure or reissuance of a license or a criminal
prosecution is immune from any civil liability for:
(a) Any decision or action taken in good faith
and without malicious intent in response to information acquired by the Board.
(b) Disseminating information concerning a
licensee or an applicant for licensure to any member of the public, other
licensing board, national association of registered boards, an agency of the
Federal Government or of the State, the Attorney General or any law enforcement
agency.
3. A defendant who is the prevailing party
in a civil action brought pursuant to subsection 2 may recover the attorney’s
fees and costs incurred in defending the action.
(Added to NRS by 2001, 907)
NRS 631.380 Validity of license or renewal certificate issued on or before
March 20, 1951. All licenses and
renewal certificates heretofore issued by the Board and in force on March 20,
1951, shall remain in force subject to the provisions of this chapter, and
shall entitle the holders to practice their profession as therein designated.
[14:152:1951]
NRS 631.385 Ownership or control of practice without license after death of
dentist. A surviving member of a
dentist’s family may own all or part of or control that dentist’s practice
after the dentist’s death, share in the fees received therefrom and control or
attempt to control the services offered without being licensed pursuant to this
chapter for no more than 2 years after the dentist’s death.
(Added to NRS by 1983, 1108)
NRS 631.388 Manager of business of dental practice, office or clinic to
register certain information with Board. A
person who manages the business of a dental practice, office or clinic shall
register with the Board:
1. The name and business address of the
person;
2. The address of the dental practice,
office or clinic of the business which the person manages; and
3. The names of the licensed dentist or
other entity not prohibited from owning or operating a dental practice, office
or clinic whose business the person manages.
(Added to NRS by 2009, 3002)
NRS 631.389 Fees for covered service.
1. If a dentist accepts payment for the
costs of dental care from a patient’s plan for dental care and the dentist
provides a covered service to the patient for which reimbursement is not
available because the patient has exceeded the benefit provided for the
calendar year under the terms of the patient’s policy, the dentist shall charge
the same fees to the patient for the covered service as the dentist would have
charged the patient pursuant to the terms of the policy if the benefit provided
for the calendar year under the terms of the policy had not been exceeded.
2. As used in this section:
(a) “Covered service” has the meaning ascribed to
it in NRS 695D.227.
(b) “Dental care” has the meaning ascribed to it
in NRS 695D.030.
(c) “Plan for dental care” has the meaning
ascribed to it in NRS 695D.070.
(d) “Policy” has the meaning ascribed to it in NRS 695D.080.
(Added to NRS by 2013, 1240)
UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF
NRS 631.395 Acts constituting illegal practice of dentistry. A person is guilty of the illegal practice of
dentistry or dental hygiene who:
1. Sells or barters, or offers to sell or barter,
any diploma or document conferring or purporting to confer any dental degree,
or any certificate or transcript made or purporting to be made pursuant to the
laws regulating the licensing and registration of dentists or dental
hygienists;
2. Purchases or procures by barter any
such diploma, certificate or transcript, with the intent that it be used as
evidence of the holder’s qualifications to practice dentistry, or in fraud of
the laws regulating that practice;
3. With fraudulent intent, alters in a
material regard any such diploma, certificate or transcript;
4. Uses or attempts to use any diploma,
certificate or transcript, which has been purchased, fraudulently issued,
counterfeited or materially altered, either as a license or color of license to
practice dentistry, or in order to procure registration as a dentist or a
dental hygienist;
5. Practices dentistry under a false or
assumed name;
6. Assumes the degree of “Doctor of Dental
Surgery” or “Doctor of Dental Medicine” or appends the letters “D.D.S.” or
“D.M.D.” or “R.D.H.” to his or her name, not having conferred upon him or her,
by diploma from an accredited dental or dental hygiene college or school
legally empowered to confer the title, the right to assume the title, or
assumes any title or appends any letters to his or her name with the intent to
represent falsely that he or she has received a dental degree or license;
7. Willfully makes, as an applicant for
examination, license or registration under this chapter, a false statement in a
material regard in an affidavit required by this chapter;
8. Within 10 days after a demand is made
by the Secretary-Treasurer, fails to furnish to the Board the names and
addresses of all persons practicing or assisting in the practice of dentistry
in the office of the person at any time within 60 days before the notice,
together with a sworn statement showing under and by what license or authority
the person and his or her employee are and have been practicing dentistry, but
the affidavit must not be used as evidence against the person in any proceeding
under this chapter;
9. Except as otherwise provided in NRS 629.091, practices dentistry or dental
hygiene in this State without a license;
10. Except as otherwise provided in NRS 631.385, owns or controls a dental practice,
shares in the fees received by a dentist or controls or attempts to control the
services offered by a dentist if the person is not himself or herself licensed
pursuant to this chapter; or
11. Aids or abets another in violating any
of the provisions of this chapter.
[Part 2:152:1951]—(NRS A 1971, 531; 1981, 1970; 1983,
1110; 1995, 278,
750)
NRS 631.396 Inspection of premises by Board. Any
member or agent of the Board may enter any premises in this State where a
person who holds a license or certificate issued pursuant to the provisions of
this chapter practices dentistry or dental hygiene and inspect it to determine
whether a violation of any provision of this chapter has occurred, including,
without limitation, an inspection to determine whether any person at the
premises is practicing dentistry or dental hygiene without the appropriate
license or certificate issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2219)
NRS 631.397 Practicing or offering to practice dentistry or dental hygiene
without appropriate license or certificate; reporting requirements. Unless the Board determines that extenuating
circumstances exist, the Board shall forward to the appropriate law enforcement
agency any substantiated information submitted to the Board concerning a person
who practices or offers to practice dentistry or dental hygiene without the
appropriate license or certificate issued pursuant to the provisions of this
chapter.
(Added to NRS by 2013, 2219)
NRS 631.400 Penalties; injunctive relief.
1. A person who engages in the illegal
practice of dentistry in this State is guilty of a category D felony and shall
be punished as provided in NRS 193.130,
unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
2. Unless a greater penalty is provided
pursuant to NRS 200.830 or 200.840, a person who practices or offers
to practice dental hygiene in this State without a license, or who, having a
license, practices dental hygiene in a manner or place not permitted by the
provisions of this chapter:
(a) If it is his or her first or second offense,
is guilty of a gross misdemeanor.
(b) If it is his or her third or subsequent
offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. Unless a greater penalty is provided by
specific statute, a person who is licensed to practice dentistry who practices
dentistry in a manner or place not permitted by the provisions of this chapter:
(a) If it is his or her first or second offense,
is guilty of a gross misdemeanor.
(b) If it is his or her third or subsequent
offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. The Board may assign a person described
in subsection 1, 2 or 3 specific duties as a condition of renewing a license.
5. If a person has engaged or is about to
engage in any acts or practices which constitute or will constitute an offense
against this chapter, the district court of any county, on application of the
Board, may issue an injunction or other appropriate order restraining the
conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of
Civil Procedure, except that no bond or undertaking is required in any action
commenced by the Board.
6. In addition to any other penalty
prescribed by law, if the Board determines that a person has committed any act
described in subsection 1, 2 or 3, the Board may:
(a) Issue and serve on the person an order to
cease and desist until the person obtains from the Board the proper license or
certificate or otherwise demonstrates that he or she is no longer in violation
of subsection 1, 2 or 3. An order to cease and desist must include a telephone
number with which the person may contact the Board.
(b) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To
appeal a citation, the person must submit a written request for a hearing to
the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative
fine of not more than $5,000.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
[3:152:1951]—(NRS A 1957, 343; 1981, 1977; 1983,
1115, 1535, 1547; 1995, 1310; 2007, 509; 2013, 997, 2220)
