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
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 a1-2
new section to read as follows:1-3
1. The board shall, without a clinical demonstration required by NRS1-4
631.240 or a practical examination required by NRS 631.300, issue a1-5
limited license to practice dentistry or dental hygiene to a person who:1-6
(a) Has a license to practice dentistry or dental hygiene issued1-7
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 dental1-9
hygiene in this state;1-10
(c) Pays the required application fee; and1-11
(d) Has entered into a contract with the University and Community1-12
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 an2-2
educational or outpatient clinic, hospital or other facility of the2-3
University and Community College System of Nevada. As used in this2-4
paragraph, "full time" means providing such services at least 8 hours per2-5
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 been2-8
revoked or suspended; or2-9
(b) Who has been refused a license or is involved in a disciplinary2-10
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 District2-12
of Columbia.2-13
3. A person to whom a limited license is issued pursuant to2-14
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 facility2-17
where he is employed; and2-18
(2) In accordance with the contract required by paragraph (d) of2-19
subsection 1; and2-20
(b) Shall not, for the duration of the limited license, engage in the2-21
private practice of dentistry or dental hygiene in this state or accept2-22
compensation for the practice of dentistry or dental hygiene except such2-23
compensation as may be paid to him by the University and Community2-24
College System of Nevada for services provided as a dental intern, dental2-25
resident or instructor of dentistry or dental hygiene.2-26
4. A limited license expires 1 year after its date of issuance and may2-27
be renewed on or before the date of its expiration. The holder of a limited2-28
license may, upon compliance with the requirements set forth in2-29
subsection 2 of NRS 631.330 and the completion of a review conducted2-30
at the discretion of the board, be granted a renewal certificate that2-31
authorizes the continuation of practice pursuant to the limited license for2-32
1 year.2-33
5. Within 7 days after the termination of his contract required by2-34
paragraph (d) of subsection 1, the holder of a limited license shall notify2-35
the board of the termination, in writing, and surrender the limited license2-36
to the board.2-37
6. The board may revoke a limited license at any time upon proof2-38
satisfactory to the board that the holder of the license violated any2-39
provision of this chapter or the regulations of the board.2-40
Sec. 2. NRS 631.240 is hereby amended to read as follows: 631.240 1. Any person desiring to obtain a license to practice2-42
dentistry in this state, after having complied with the regulations of the2-43
board to determine eligibility, must:3-1
(a) Present to the board a certificate granted by the National Board of3-2
Dental Examiners which contains a notation that he has passed the board’s3-3
examination with an average score of at least 75; and3-4
(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 contents3-6
and interpretation of chapter 631 of NRS and the regulations of the board.3-7
3.3-8
examination required by paragraph (b) of subsection 1 must include3-9
clinical demonstrations of the applicant’s skill in dentistry.3-10
4. All persons who present the appropriate certificate and successfully3-11
complete the examination must be registered as licensed dentists on the3-12
board register, as provided in this chapter, and are entitled to receive a3-13
certificate of registration, signed by the member of the board who is a3-14
representative of the general public and those members of the board who3-15
are dentists.3-16
Sec. 3. NRS 631.275 is hereby amended to read as follows: 631.275 1. Except as otherwise provided in subsection 2, the board3-18
shall, without examination, issue a restricted license to practice dentistry to3-19
a person who:3-20
(a) Has a valid license to practice dentistry issued pursuant to the laws3-21
of another state or the District of Columbia;3-22
(b) Has received a degree from a dental school or college accredited by3-23
the American Dental Association Commission on Dental Accreditation, or3-24
its successor organization; and3-25
(c)3-26
3-27
3-28
division of the department of human resources to provide publicly funded3-29
dental services exclusively to persons of low income for the duration of the3-30
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 territory3-34
of the United States or the District of Columbia; or3-35
(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 to3-38
subsection 1:3-39
(a) May perform dental services only:3-40
(1) Under the supervision of a dentist who is licensed to practice3-41
dentistry in this state and appointed by the health division of the department3-42
of human resources to supervise dental care that is provided in a facility3-43
which has entered into a contract with the person to whom a restricted4-1
license is issued and which is approved by the health division of the4-2
department; and4-3
(2) In accordance with the contract required pursuant to paragraph4-4
4-5
(b) Shall not, for the duration of the restricted license, engage in the4-6
private practice of dentistry, which includes, without limitation, providing4-7
dental services to a person who pays for the services.4-8
4. A person who receives a restricted license must pass the examination4-9
of the board within4-10
the person fails to pass that examination, the board shall revoke the4-11
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: 631.300 1. Any person desiring to obtain a license to practice dental4-15
hygiene, after having complied with the regulations of the board to4-16
determine eligibility, must be examined by the board upon such subjects as4-17
the board deems necessary, and , except as otherwise provided in section 14-18
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, the4-20
exposed surface of the teeth.4-21
2. The examination must be:4-22
(a) Written, oral or a combination of both; and4-23
(b) Practical, as in the opinion of the board is necessary to test the4-24
qualifications of the applicant.4-25
3. The board shall examine each applicant in writing on the contents4-26
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 by4-28
subsection 2, the board shall recognize a certificate from the National4-29
Board of Dental Examiners which contains a notation that the applicant has4-30
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: 631.310 1.4-33
act, the holder of a license or renewal certificate to practice dental hygiene4-34
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 an4-37
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 the4-39
institution.4-40
(d) In a clinic established by a hospital approved by the board as an4-41
employee of the hospital where service is rendered only to patients of the4-42
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 are5-4
authorized by a dentist licensed in the State of Nevada, unless otherwise5-5
provided in a regulation adopted by the board.5-6
3. Except as otherwise specifically authorized by a regulation adopted5-7
by the board, a dental hygienist shall not provide services to a person unless5-8
that person is a patient of the dentist who authorized the performance of5-9
those services.5-10
Sec. 6. NRS 631.330 is hereby amended to read as follows: 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
5-16
631.225;5-17
5-18
5-19
education,5-20
be granted a renewal certificate which will authorize continuation of the5-21
practice for 1 year.5-22
5-23
and subsection 1 on or before June 30. Failure to comply with5-24
5-25
automatically suspends the license, and it may be reinstated only upon5-26
payment of the fee for reinstatement5-27
the requirements of this subsection .5-28
3. If a license suspended pursuant to this section is not reinstated5-29
within 12 months after suspension, it is automatically revoked.5-30
Sec. 7. NRS 631.335 is hereby amended to read as follows: 631.335 1. The license of a person who does not actively practice in5-32
this state for 1 year automatically reverts to inactive status at the time the5-33
license renewal fee is next payable. If a person whose license has reverted5-34
to inactive status:5-35
(a) Continues to practice actively outside this state, his license may be5-36
reinstated to active status by the secretary-treasurer if he pays the5-37
5-38
conditions prescribed by the regulations of the board.5-39
(b) Does not continue to practice, his license may be reinstated to active5-40
status only upon the motion of the board, submission of the required5-41
reinstatement fee5-42
and compliance with the conditions prescribed by the regulations of the5-43
board.6-1
2. A licensee who is disabled and cannot practice, or who is retired6-2
must be issued a license which reflects that status when the fee to renew his6-3
license is next payable. His license may be reinstated to active status only6-4
upon the motion of the board, submission of the required reinstatement fee6-5
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: 631.345 1. The board shall by regulation establish fees6-9
6-10
by this chapter6-11
amounts:6-12
Examination fee for a license to practice dentistry6-13
Examination fee for a license to practice dental hygiene 1506-14
Application fee for a specialist license 1256-15
Application fee for a limited or restricted license 1256-16
Application and examination fee for a permit to6-17
administer general anesthesia , conscious sedation or6-18
deep sedation6-19
Fee for any reinspection required by the board to6-20
maintain a permit to administer general anesthesia,6-21
conscious sedation or deep sedation 2506-22
Annual renewal fee for a permit to administer general6-23
anesthesia , conscious sedation or deep sedation6-24
Fee for the inspection of a facility required by the board6-25
to renew a permit to administer general anesthesia,6-26
conscious sedation or deep sedation 1006-27
Annual license renewal fee for a general dentist or6-28
specialist6-29
Annual license renewal fee for a dental hygienist6-30
6-31
Annual license renewal fee for a limited license 1006-32
Annual license renewal fee for an inactive dentist 1006-33
Annual license renewal fee for a retired or disabled dentist 256-34
Annual license renewal fee for an inactive dental hygienist 256-35
Annual license renewal fee for a retired or disabled dental6-36
hygienist 256-37
Reinstatement fee for a suspended license to practice6-38
dentistry or dental hygiene6-39
Reinstatement fee for a revoked license to practice6-40
dentistry or dental hygiene 5007-1
Reinstatement fee to return an inactive, retired or7-2
disabled dentist or dental hygienist to active status $2007-3
Fee for the certification of a license 507-4
2. Except as otherwise provided in this subsection, the board shall7-5
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. The7-7
board shall not charge a nonprofit organization or an agency of the state or7-8
of a political subdivision of the state a fee to review a course of continuing7-9
education.7-10
3. All fees prescribed in this section are payable in advance and must7-11
not be refunded.7-12
Sec. 9. NRS 631.350 is hereby amended to read as follows: 631.350 1. Except as otherwise provided in NRS 631.3477-14
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 to7-17
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 conditions7-20
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 or7-24
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 an7-28
examination of his competence;7-29
(k) Require a person to fulfill certain training or educational7-30
requirements;7-31
(l) Require a person to reimburse a patient; or7-32
(m) Any combination thereof,7-33
upon proof satisfactory to the board that the person has engaged in any of7-34
the activities listed in subsection 2.7-35
2. The following activities may be punished as provided in subsection7-36
1:7-37
(a) Engaging in the illegal practice of dentistry or dental hygiene;7-38
(b) Engaging in unprofessional conduct; or7-39
(c) Violating any regulations adopted by the board or the provisions of7-40
this chapter.8-1
3. The board may delegate to a hearing officer or panel its authority to8-2
take any disciplinary action pursuant to this chapter, impose and collect8-3
fines therefor and deposit the money therefrom in banks or savings and loan8-4
associations in this state.8-5
4. If a hearing officer or panel is not authorized to take disciplinary8-6
action pursuant to subsection 3 and the board deposits the money collected8-7
from the imposition of fines with the state treasurer for credit to the state8-8
general fund, it may present a claim to the state board of examiners for8-9
recommendation to the interim finance committee if money is needed to8-10
pay attorney’s fees or the costs of an investigation, or both.~