Senate Bill No. 181–Senators Rawson, Raggio, Wiener,
Townsend, Neal and Coffin

February 12, 1999

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Joint Sponsors: Assemblymen Perkins, Dini and Goldwater

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing practice of dentistry and dental hygiene. (BDR 54-125)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to professional occupations; requiring the board of dental examiners of Nevada to issue a limited license to practice dentistry or dental hygiene to certain persons employed by the University and Community College System of Nevada; revising the fees that must be charged by the board expanding the disciplinary powers of the board; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 631 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The board shall, without a clinical demonstration required by NRS

1-4 631.240 or a practical examination required by NRS 631.300, issue a

1-5 limited license to practice dentistry or dental hygiene to a person who:

1-6 (a) Has a license to practice dentistry or dental hygiene issued

1-7 pursuant to the laws of another state or the District of Columbia;

1-8 (b) Is otherwise qualified for a license to practice dentistry or dental

1-9 hygiene in this state;

1-10 (c) Pays the required application fee; and

1-11 (d) Has entered into a contract with the University and Community

1-12 College System of Nevada to provide services full time as a dental intern,

1-13 dental resident or instructor of dentistry or dental hygiene at an

2-1 educational or outpatient clinic, hospital or other facility of the

2-2 University and Community College System of Nevada. As used in this

2-3 paragraph, "full time" means providing such services at least 8 hours per

2-4 day, 4 days per week, during an academic year.

2-5 2. The board shall not issue a limited license to a person:

2-6 (a) Whose license to practice dentistry or dental hygiene has been

2-7 revoked or suspended; or

2-8 (b) Who has been refused a license or is involved in a disciplinary

2-9 action concerning his license to practice dentistry or dental hygiene,

2-10 in this state, another state or territory of the United States or the District

2-11 of Columbia.

2-12 3. A person to whom a limited license is issued pursuant to

2-13 subsection 1:

2-14 (a) May practice dentistry or dental hygiene in this state only:

2-15 (1) At the educational or outpatient clinic, hospital or other facility

2-16 where he is employed; and

2-17 (2) In accordance with the contract required by paragraph (d) of

2-18 subsection 1; and

2-19 (b) Shall not, for the duration of the limited license, engage in the

2-20 private practice of dentistry or dental hygiene in this state or accept

2-21 compensation for the practice of dentistry or dental hygiene except such

2-22 compensation as may be paid to him by the University and Community

2-23 College System of Nevada for services provided as a dental intern, dental

2-24 resident or instructor of dentistry or dental hygiene.

2-25 4. A limited license expires 1 year after its date of issuance and may

2-26 be renewed on or before the date of its expiration. The holder of a limited

2-27 license may, upon compliance with the requirements set forth in

2-28 subsection 2 of NRS 631.330 and the completion of a review conducted

2-29 at the discretion of the board, be granted a renewal certificate that

2-30 authorizes the continuation of practice pursuant to the limited license for

2-31 1 year.

2-32 5. Within 7 days after the termination of his contract required by

2-33 paragraph (d) of subsection 1, the holder of a limited license shall notify

2-34 the board of the termination, in writing, and surrender the limited license

2-35 to the board.

2-36 6. The board may revoke a limited license at any time upon proof

2-37 satisfactory to the board that the holder of the license violated any

2-38 provision of this chapter or the regulations of the board.

2-39 Sec. 2. NRS 631.240 is hereby amended to read as follows:

2-40 631.240 1. Any person desiring to obtain a license to practice

2-41 dentistry in this state, after having complied with the regulations of the

2-42 board to determine eligibility, must:

3-1 (a) Present to the board a certificate granted by the National Board of

3-2 Dental Examiners which contains a notation that he has passed the board’s

3-3 examination with an average score of at least 75; and

3-4 (b) Be examined by the board on his practical knowledge of dentistry.

3-5 2. The board shall examine each applicant in writing on the contents

3-6 and interpretation of chapter 631 of NRS and the regulations of the board.

3-7 3. [The] Except as otherwise provided in section 1 of this act, the

3-8 examination required by paragraph (b) of subsection 1 must include

3-9 clinical demonstrations of the applicant’s skill in dentistry.

3-10 4. All persons who present the appropriate certificate and successfully

3-11 complete the examination must be registered as licensed dentists on the

3-12 board register, as provided in this chapter, and are entitled to receive a

3-13 certificate of registration, signed by the member of the board who is a

3-14 representative of the general public and those members of the board who

3-15 are dentists.

3-16 Sec. 3. NRS 631.300 is hereby amended to read as follows:

3-17 631.300 1. Any person desiring to obtain a license to practice dental

3-18 hygiene, after having complied with the regulations of the board to

3-19 determine eligibility, must be examined by the board upon such subjects as

3-20 the board deems necessary, and , except as otherwise provided in section 1

3-21 of this act, be given a practical examination in dental hygiene, including,

3-22 but not limited to, the removal of deposits from, and the polishing of, the

3-23 exposed surface of the teeth.

3-24 2. The examination must be:

3-25 (a) Written, oral or a combination of both; and

3-26 (b) Practical, as in the opinion of the board is necessary to test the

3-27 qualifications of the applicant.

3-28 3. The board shall examine each applicant in writing on the contents

3-29 and interpretation of chapter 631 of NRS and the regulations of the board.

3-30 4. In lieu of the written examination which may be required by

3-31 subsection 2, the board shall recognize a certificate from the National

3-32 Board of Dental Examiners which contains a notation that the applicant has

3-33 passed the examination of the board with a score of at least 75.

3-34 Sec. 4. NRS 631.310 is hereby amended to read as follows:

3-35 631.310 1. [The] Except as otherwise provided in section 1 of this

3-36 act, the holder of a license or renewal certificate to practice dental hygiene

3-37 may practice dental hygiene in this state in the following places:

3-38 (a) In the office of any licensed dentist.

3-39 (b) In a clinic or in clinics in the public schools of this state as an

3-40 employee of the health division of the department of human resources.

3-41 (c) In a clinic or in clinics in a state institution as an employee of the

3-42 institution.

4-1 (d) In a clinic established by a hospital approved by the board as an

4-2 employee of the hospital where service is rendered only to patients of the

4-3 hospital, and upon the authorization of a member of the dental staff.

4-4 (e) In an accredited school of dental hygiene.

4-5 (f) In other places if specified in a regulation adopted by the board.

4-6 2. A dental hygienist may perform only the services which are

4-7 authorized by a dentist licensed in the State of Nevada, unless otherwise

4-8 provided in a regulation adopted by the board.

4-9 3. Except as otherwise specifically authorized by a regulation adopted

4-10 by the board, a dental hygienist shall not provide services to a person unless

4-11 that person is a patient of the dentist who authorized the performance of

4-12 those services.

4-13 Sec. 5. NRS 631.330 is hereby amended to read as follows:

4-14 631.330 1. Licenses must be renewed annually.

4-15 2. Except as otherwise provided in section 1 of this act:

4-16 (a) Each holder of a license to practice dentistry or dental hygiene must,

4-17 upon:

4-18 [(a)] (1) Submission of the statement required pursuant to NRS

4-19 631.225;

4-20 [(b)] (2) Payment of the required fee; and

4-21 [(c)] (3) Submission of proof of completion of the required continuing

4-22 education,

4-23 be granted a renewal certificate which will authorize continuation of the

4-24 practice for 1 year.

4-25 [2.] (b) A licensee must comply with the provisions of this subsection

4-26 and subsection 1 on or before June 30. Failure to comply with [the

4-27 provisions of subsection 1] those provisions by June 30 of each year

4-28 automatically suspends the license, and it may be reinstated only upon

4-29 payment of the fee for reinstatement [in addition to] and compliance with

4-30 the requirements of this subsection . [1.]

4-31 3. If a license suspended pursuant to this section is not reinstated

4-32 within 12 months after suspension, it is automatically revoked.

4-33 Sec. 6. NRS 631.335 is hereby amended to read as follows:

4-34 631.335 1. The license of a person who does not actively practice in

4-35 this state for 1 year automatically reverts to inactive status at the time the

4-36 license renewal fee is next payable. If a person whose license has reverted

4-37 to inactive status:

4-38 (a) Continues to practice actively outside this state, his license may be

4-39 reinstated to active status by the secretary-treasurer if he pays the [license

4-40 fee for active licensees] required reinstatement fee and complies with the

4-41 conditions prescribed by the regulations of the board.

5-1 (b) Does not continue to practice, his license may be reinstated to active

5-2 status only upon the motion of the board, submission of the required

5-3 reinstatement fee [for active licenses] and proof of continuing education,

5-4 and compliance with the conditions prescribed by the regulations of the

5-5 board.

5-6 2. A licensee who is disabled and cannot practice, or who is retired

5-7 must be issued a license which reflects that status when the fee to renew his

5-8 license is next payable. His license may be reinstated to active status only

5-9 upon the motion of the board, submission of the required reinstatement fee

5-10 [for an active license] and proof of continuing education, and compliance

5-11 with the conditions prescribed by the regulations of the board.

5-12 Sec. 7. NRS 631.345 is hereby amended to read as follows:

5-13 631.345 1. The board shall by regulation establish fees [which must

5-14 be charged by the board] for the performance of the duties imposed upon it

5-15 by this chapter [are as follows:] which must not exceed the following

5-16 amounts:

5-17 Examination fee for a license to practice dentistry [$300] $750

5-18 Examination fee for a license to practice dental hygiene 150

5-19 Application fee for a specialist license 125

5-20 Application fee for a limited or restricted license 125

5-21 Application and examination fee for a permit to

5-22 administer general anesthesia , conscious sedation or

5-23 deep sedation [200] 500

5-24 Fee for any reinspection required by the board to

5-25 maintain a permit to administer general anesthesia,

5-26 conscious sedation or deep sedation 250

5-27 Annual renewal fee for a permit to administer general

5-28 anesthesia , conscious sedation or deep sedation [50] 100

5-29 Fee for the inspection of a facility required by the board

5-30 to renew a permit to administer general anesthesia,

5-31 conscious sedation or deep sedation 100

5-32 Annual license renewal fee for a general dentist or

5-33 specialist [, not to exceed] 300

5-34 Annual license renewal fee for a dental hygienist [, not to

5-35 exceed] 150

5-36 Annual license renewal fee for a limited license 100

5-37 Annual license renewal fee for an inactive dentist 100

5-38 Annual license renewal fee for a retired or disabled dentist 25

5-39 Annual license renewal fee for an inactive dental hygienist 25

5-40 Annual license renewal fee for a retired or disabled dental

5-41 hygienist 25

6-1 Reinstatement fee for a suspended license to practice

6-2 dentistry or dental hygiene [, not to exceed] $200

6-3 Reinstatement fee for a revoked license to practice

6-4 dentistry or dental hygiene 500

6-5 Reinstatement fee to return an inactive, retired or

6-6 disabled dentist or dental hygienist to active status 200

6-7 2. Except as otherwise provided in this subsection, the board shall

6-8 charge a fee to review a course of continuing education for accreditation.

6-9 The fee must not exceed $150 per credit hour of the proposed course. The

6-10 board shall not charge a nonprofit organization or an agency of the state or

6-11 of a political subdivision of the state a fee to review a course of continuing

6-12 education.

6-13 3. All fees prescribed in this section are payable in advance and must

6-14 not be refunded.

6-15 Sec. 8. NRS 631.350 is hereby amended to read as follows:

6-16 631.350 1. Except as otherwise provided in NRS 631.347 [,] and

6-17 section 1 of this act, the board may:

6-18 (a) Refuse to issue a license to any person;

6-19 (b) Revoke or suspend the license or renewal certificate issued by it to

6-20 any person;

6-21 (c) Fine a person it has licensed;

6-22 (d) Place a person on probation for a specified period on any conditions

6-23 the board may order;

6-24 (e) Issue a public reprimand to a person;

6-25 (f) Limit a person’s practice to certain branches of dentistry;

6-26 (g) Require a person to participate in a program to correct alcohol or

6-27 drug abuse or any other impairment;

6-28 (h) Require that a person’s practice be supervised;

6-29 (i) Require a person to perform public service without compensation;

6-30 (j) Require a person to take a physical or mental examination or an

6-31 examination of his competence;

6-32 (k) Require a person to fulfill certain training or educational

6-33 requirements; [or]

6-34 (l) Require a person to reimburse a patient; or

6-35 (m) Any combination thereof,

6-36 upon proof satisfactory to the board that the person has engaged in any of

6-37 the activities listed in subsection 2.

6-38 2. The following activities may be punished as provided in subsection

6-39 1:

6-40 (a) Engaging in the illegal practice of dentistry or dental hygiene;

6-41 (b) Engaging in unprofessional conduct; or

6-42 (c) Violating any regulations adopted by the board or the provisions of

6-43 this chapter.

7-1 3. The board may delegate to a hearing officer or panel its authority to

7-2 take any disciplinary action pursuant to this chapter, impose and collect

7-3 fines therefor and deposit the money therefrom in banks or savings and loan

7-4 associations in this state.

7-5 4. If a hearing officer or panel is not authorized to take disciplinary

7-6 action pursuant to subsection 3 and the board deposits the money collected

7-7 from the imposition of fines with the state treasurer for credit to the state

7-8 general fund, it may present a claim to the state board of examiners for

7-9 recommendation to the interim finance committee if money is needed to

7-10 pay attorney’s fees or the costs of an investigation, or both.

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