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

February 12, 1999

____________

Joint Sponsors: Assemblymen Perkins, Dini and Goldwater

____________

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.

~

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 provisions relating to restricted licenses to practice dentistry; 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,

2-1 dental resident or instructor of dentistry or dental hygiene at an

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

2-3 University and Community College System of Nevada. As used in this

2-4 paragraph, "full time" means providing such services at least 8 hours per

2-5 day, 4 days per week, during an academic year.

2-6 2. The board shall not issue a limited license to a person:

2-7 (a) Whose license to practice dentistry or dental hygiene has been

2-8 revoked or suspended; or

2-9 (b) Who has been refused a license or is involved in a disciplinary

2-10 action concerning his license to practice dentistry or dental hygiene,

2-11 in this state, another state or territory of the United States or the District

2-12 of Columbia.

2-13 3. A person to whom a limited license is issued pursuant to

2-14 subsection 1:

2-15 (a) May practice dentistry or dental hygiene in this state only:

2-16 (1) At the educational or outpatient clinic, hospital or other facility

2-17 where he is employed; and

2-18 (2) In accordance with the contract required by paragraph (d) of

2-19 subsection 1; and

2-20 (b) Shall not, for the duration of the limited license, engage in the

2-21 private practice of dentistry or dental hygiene in this state or accept

2-22 compensation for the practice of dentistry or dental hygiene except such

2-23 compensation as may be paid to him by the University and Community

2-24 College System of Nevada for services provided as a dental intern, dental

2-25 resident or instructor of dentistry or dental hygiene.

2-26 4. A limited license expires 1 year after its date of issuance and may

2-27 be renewed on or before the date of its expiration. The holder of a limited

2-28 license may, upon compliance with the requirements set forth in

2-29 subsection 2 of NRS 631.330 and the completion of a review conducted

2-30 at the discretion of the board, be granted a renewal certificate that

2-31 authorizes the continuation of practice pursuant to the limited license for

2-32 1 year.

2-33 5. Within 7 days after the termination of his contract required by

2-34 paragraph (d) of subsection 1, the holder of a limited license shall notify

2-35 the board of the termination, in writing, and surrender the limited license

2-36 to the board.

2-37 6. The board may revoke a limited license at any time upon proof

2-38 satisfactory to the board that the holder of the license violated any

2-39 provision of this chapter or the regulations of the board.

2-40 Sec. 2. NRS 631.240 is hereby amended to read as follows:

2-41 631.240 1. Any person desiring to obtain a license to practice

2-42 dentistry in this state, after having complied with the regulations of the

2-43 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 631.275 is hereby amended to read as follows:

3-17 631.275 1. Except as otherwise provided in subsection 2, the board

3-18 shall, without examination, issue a restricted license to practice dentistry to

3-19 a person who:

3-20 (a) Has a valid license to practice dentistry issued pursuant to the laws

3-21 of another state or the District of Columbia;

3-22 (b) Has received a degree from a dental school or college accredited by

3-23 the American Dental Association Commission on Dental Accreditation, or

3-24 its successor organization; and

3-25 (c) [Has at least 5 years of clinical experience obtained after receiving

3-26 such a degree; and

3-27 (d)] Has entered into a contract with a facility approved by the health

3-28 division of the department of human resources to provide publicly funded

3-29 dental services exclusively to persons of low income for the duration of the

3-30 restricted license.

3-31 2. The board shall not issue a restricted license to a person:

3-32 (a) Who has failed to pass the examination of the board;

3-33 (b) Who has been refused a license in this state, another state or territory

3-34 of the United States or the District of Columbia; or

3-35 (c) Whose license to practice dentistry has been revoked in this state,

3-36 another state or territory of the United States or the District of Columbia.

3-37 3. A person to whom a restricted license is issued pursuant to

3-38 subsection 1:

3-39 (a) May perform dental services only:

3-40 (1) Under the supervision of a dentist who is licensed to practice

3-41 dentistry in this state and appointed by the health division of the department

3-42 of human resources to supervise dental care that is provided in a facility

3-43 which has entered into a contract with the person to whom a restricted

4-1 license is issued and which is approved by the health division of the

4-2 department; and

4-3 (2) In accordance with the contract required pursuant to paragraph

4-4 [(d)] (c) of that subsection.

4-5 (b) Shall not, for the duration of the restricted license, engage in the

4-6 private practice of dentistry, which includes, without limitation, providing

4-7 dental services to a person who pays for the services.

4-8 4. A person who receives a restricted license must pass the examination

4-9 of the board within [1 year] 3 years after receiving his restricted license. If

4-10 the person fails to pass that examination, the board shall revoke the

4-11 restricted license.

4-12 5. The board may revoke a restricted license at any time.

4-13 Sec. 4. NRS 631.300 is hereby amended to read as follows:

4-14 631.300 1. Any person desiring to obtain a license to practice dental

4-15 hygiene, after having complied with the regulations of the board to

4-16 determine eligibility, must be examined by the board upon such subjects as

4-17 the board deems necessary, and , except as otherwise provided in section 1

4-18 of this act, be given a practical examination in dental hygiene, including,

4-19 but not limited to, the removal of deposits from, and the polishing of, the

4-20 exposed surface of the teeth.

4-21 2. The examination must be:

4-22 (a) Written, oral or a combination of both; and

4-23 (b) Practical, as in the opinion of the board is necessary to test the

4-24 qualifications of the applicant.

4-25 3. The board shall examine each applicant in writing on the contents

4-26 and interpretation of chapter 631 of NRS and the regulations of the board.

4-27 4. In lieu of the written examination which may be required by

4-28 subsection 2, the board shall recognize a certificate from the National

4-29 Board of Dental Examiners which contains a notation that the applicant has

4-30 passed the examination of the board with a score of at least 75.

4-31 Sec. 5. NRS 631.310 is hereby amended to read as follows:

4-32 631.310 1. [The] Except as otherwise provided in section 1 of this

4-33 act, the holder of a license or renewal certificate to practice dental hygiene

4-34 may practice dental hygiene in this state in the following places:

4-35 (a) In the office of any licensed dentist.

4-36 (b) In a clinic or in clinics in the public schools of this state as an

4-37 employee of the health division of the department of human resources.

4-38 (c) In a clinic or in clinics in a state institution as an employee of the

4-39 institution.

4-40 (d) In a clinic established by a hospital approved by the board as an

4-41 employee of the hospital where service is rendered only to patients of the

4-42 hospital, and upon the authorization of a member of the dental staff.

5-1 (e) In an accredited school of dental hygiene.

5-2 (f) In other places if specified in a regulation adopted by the board.

5-3 2. A dental hygienist may perform only the services which are

5-4 authorized by a dentist licensed in the State of Nevada, unless otherwise

5-5 provided in a regulation adopted by the board.

5-6 3. Except as otherwise specifically authorized by a regulation adopted

5-7 by the board, a dental hygienist shall not provide services to a person unless

5-8 that person is a patient of the dentist who authorized the performance of

5-9 those services.

5-10 Sec. 6. NRS 631.330 is hereby amended to read as follows:

5-11 631.330 1. Licenses must be renewed annually.

5-12 2. Except as otherwise provided in section 1 of this act:

5-13 (a) Each holder of a license to practice dentistry or dental hygiene must,

5-14 upon:

5-15 [(a)] (1) Submission of the statement required pursuant to NRS

5-16 631.225;

5-17 [(b)] (2) Payment of the required fee; and

5-18 [(c)] (3) Submission of proof of completion of the required continuing

5-19 education,

5-20 be granted a renewal certificate which will authorize continuation of the

5-21 practice for 1 year.

5-22 [2.] (b) A licensee must comply with the provisions of this subsection

5-23 and subsection 1 on or before June 30. Failure to comply with [the

5-24 provisions of subsection 1] those provisions by June 30 of each year

5-25 automatically suspends the license, and it may be reinstated only upon

5-26 payment of the fee for reinstatement [in addition to] and compliance with

5-27 the requirements of this subsection . [1.]

5-28 3. If a license suspended pursuant to this section is not reinstated

5-29 within 12 months after suspension, it is automatically revoked.

5-30 Sec. 7. NRS 631.335 is hereby amended to read as follows:

5-31 631.335 1. The license of a person who does not actively practice in

5-32 this state for 1 year automatically reverts to inactive status at the time the

5-33 license renewal fee is next payable. If a person whose license has reverted

5-34 to inactive status:

5-35 (a) Continues to practice actively outside this state, his license may be

5-36 reinstated to active status by the secretary-treasurer if he pays the [license

5-37 fee for active licensees] required reinstatement fee and complies with the

5-38 conditions prescribed by the regulations of the board.

5-39 (b) Does not continue to practice, his license may be reinstated to active

5-40 status only upon the motion of the board, submission of the required

5-41 reinstatement fee [for active licenses] and proof of continuing education,

5-42 and compliance with the conditions prescribed by the regulations of the

5-43 board.

6-1 2. A licensee who is disabled and cannot practice, or who is retired

6-2 must be issued a license which reflects that status when the fee to renew his

6-3 license is next payable. His license may be reinstated to active status only

6-4 upon the motion of the board, submission of the required reinstatement fee

6-5 [for an active license] and proof of continuing education, and compliance

6-6 with the conditions prescribed by the regulations of the board.

6-7 Sec. 8. NRS 631.345 is hereby amended to read as follows:

6-8 631.345 1. The board shall by regulation establish fees [which must

6-9 be charged by the board] for the performance of the duties imposed upon it

6-10 by this chapter [are as follows:] which must not exceed the following

6-11 amounts:

6-12 Examination fee for a license to practice dentistry [$300] $750

6-13 Examination fee for a license to practice dental hygiene 150

6-14 Application fee for a specialist license 125

6-15 Application fee for a limited or restricted license 125

6-16 Application and examination fee for a permit to

6-17 administer general anesthesia , conscious sedation or

6-18 deep sedation [200] 500

6-19 Fee for any reinspection required by the board to

6-20 maintain a permit to administer general anesthesia,

6-21 conscious sedation or deep sedation 250

6-22 Annual renewal fee for a permit to administer general

6-23 anesthesia , conscious sedation or deep sedation [50] 100

6-24 Fee for the inspection of a facility required by the board

6-25 to renew a permit to administer general anesthesia,

6-26 conscious sedation or deep sedation 100

6-27 Annual license renewal fee for a general dentist or

6-28 specialist [, not to exceed] 300

6-29 Annual license renewal fee for a dental hygienist [, not to

6-30 exceed] 150

6-31 Annual license renewal fee for a limited license 100

6-32 Annual license renewal fee for an inactive dentist 100

6-33 Annual license renewal fee for a retired or disabled dentist 25

6-34 Annual license renewal fee for an inactive dental hygienist 25

6-35 Annual license renewal fee for a retired or disabled dental

6-36 hygienist 25

6-37 Reinstatement fee for a suspended license to practice

6-38 dentistry or dental hygiene [, not to exceed] 200

6-39 Reinstatement fee for a revoked license to practice

6-40 dentistry or dental hygiene 500

7-1 Reinstatement fee to return an inactive, retired or

7-2 disabled dentist or dental hygienist to active status $200

7-3 Fee for the certification of a license 50

7-4 2. Except as otherwise provided in this subsection, the board shall

7-5 charge a fee to review a course of continuing education for accreditation.

7-6 The fee must not exceed $150 per credit hour of the proposed course. The

7-7 board shall not charge a nonprofit organization or an agency of the state or

7-8 of a political subdivision of the state a fee to review a course of continuing

7-9 education.

7-10 3. All fees prescribed in this section are payable in advance and must

7-11 not be refunded.

7-12 Sec. 9. NRS 631.350 is hereby amended to read as follows:

7-13 631.350 1. Except as otherwise provided in NRS 631.347 [,] and

7-14 section 1 of this act, the board may:

7-15 (a) Refuse to issue a license to any person;

7-16 (b) Revoke or suspend the license or renewal certificate issued by it to

7-17 any person;

7-18 (c) Fine a person it has licensed;

7-19 (d) Place a person on probation for a specified period on any conditions

7-20 the board may order;

7-21 (e) Issue a public reprimand to a person;

7-22 (f) Limit a person’s practice to certain branches of dentistry;

7-23 (g) Require a person to participate in a program to correct alcohol or

7-24 drug abuse or any other impairment;

7-25 (h) Require that a person’s practice be supervised;

7-26 (i) Require a person to perform public service without compensation;

7-27 (j) Require a person to take a physical or mental examination or an

7-28 examination of his competence;

7-29 (k) Require a person to fulfill certain training or educational

7-30 requirements; [or]

7-31 (l) Require a person to reimburse a patient; or

7-32 (m) Any combination thereof,

7-33 upon proof satisfactory to the board that the person has engaged in any of

7-34 the activities listed in subsection 2.

7-35 2. The following activities may be punished as provided in subsection

7-36 1:

7-37 (a) Engaging in the illegal practice of dentistry or dental hygiene;

7-38 (b) Engaging in unprofessional conduct; or

7-39 (c) Violating any regulations adopted by the board or the provisions of

7-40 this chapter.

8-1 3. The board may delegate to a hearing officer or panel its authority to

8-2 take any disciplinary action pursuant to this chapter, impose and collect

8-3 fines therefor and deposit the money therefrom in banks or savings and loan

8-4 associations in this state.

8-5 4. If a hearing officer or panel is not authorized to take disciplinary

8-6 action pursuant to subsection 3 and the board deposits the money collected

8-7 from the imposition of fines with the state treasurer for credit to the state

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

8-9 recommendation to the interim finance committee if money is needed to

8-10 pay attorney’s fees or the costs of an investigation, or both.

~