Senate Bill No. 133–Senators Shaffer, Coffin, Titus,
Carlton and Neal
CHAPTER..........
AN ACT relating to dentistry; authorizing the board of dental examiners of Nevada to issue certain licenses without examination or clinical demonstrations to dentists and dental hygienists licensed in other jurisdictions under certain circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The board shall, without a clinical demonstration
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 his 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 his 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; and
(g) Submits the statement required by NRS 631.225.
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 demonstration required by NRS 631.240 if:
(1) The person has held a temporary license to practice dentistry
pursuant to subsection 1 for a minimum of 2 years; and
(2) The person has not been involved in any disciplinary action
during the time he has held a temporary license pursuant to subsection
1.
3. The board shall examine each applicant in writing on the contents
and interpretation of this chapter and the regulations of the board.
Sec. 3. 1. The board may, without a clinical demonstration
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;
(b) Has an active license to practice dentistry pursuant to the laws of
another state or territory of the United States or the District of
Columbia;
(c) Is a specialist as identified by the board;
(d) Pays the application, examination and renewal fees in the same
manner as a person licensed pursuant to NRS 631.240; and
(e) Submits the statement required by NRS 631.225.
2. 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
his license to practice dentistry,
in this state, another state or territory of the United States or the District
of Columbia.
3. The board shall examine each applicant in writing on the contents
and interpretation of this chapter and the regulations of the board.
4. A person to whom a specialist’s license is issued pursuant to this
section shall limit his practice to the specialty.
5. The board shall revoke a specialist’s license at any time upon
proof satisfactory to the board that the holder of the license violated any
provision of this section or the regulations of the board.
Sec. 4. 1. The board shall, without a clinical demonstration
required by NRS 631.240 or a practical examination required by NRS
631.300, issue a restricted geographical license to practice dentistry or
dental hygiene to a person if he 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; or
(b) 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 he:
(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; and
(d) Submits the statement required by NRS 631.225.
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
his license to practice dentistry or dental hygiene,
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 which
has requested the restricted geographical licensure pursuant to
paragraph (a) 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 him by a federally
qualified health center or nonprofit clinic pursuant to paragraph (b) of
subsection 1.
6. Within 7 days after the termination of his contract pursuant to
paragraph (b) 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 demonstration required by NRS 631.240 or a
practical examination required by NRS 631.300 if the person:
(a) Has not had his 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 his 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 restricted geographical area; or
(2) Been under contract with a federally qualified health center or
nonprofit clinic for a minimum of 3 years.
8. The board shall revoke a restricted geographical license at any
time upon proof satisfactory to the board that the holder of the license
violated any provision of this section or the regulations of the board.
Sec. 4.5 NRS 631.230 is hereby amended to read as follows:
631.230 1. Any person is eligible to [take an examination] 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 license to practice dentistry in another state has
been suspended or revoked or whether he is currently involved in any
disciplinary action concerning his license in that state.
Sec. 5. NRS 631.240 is hereby amended to read as follows:
631.240 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, must:
(a) Present to the board a certificate granted by the [National Board of
Dental Examiners] Joint Commission on National Dental Examinations
which contains a notation that [he] the applicant has passed the [board’s
examination] National Board Dental Examination with an average score
of at least 75; and
(b) Be examined by the board on [his] the applicant’s practical
knowledge of dentistry.
2. The board shall examine each applicant in writing on the contents
and interpretation of this chapter [631 of NRS] and the regulations of the
board.
3. Except as otherwise provided in NRS 631.271 [,] and sections 2, 3
and 4 of this act, the examination required by paragraph (b) of subsection
1 must include clinical demonstrations of the applicant’s skill in dentistry.
4. All persons who present the appropriate certificate and successfully
complete the examination 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 the member of the board who is a
representative of the general public and those members of the board who
are dentists.
Sec. 6. NRS 631.240 is hereby amended to read as follows:
631.240 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, must:
(a) 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) Be examined by the board on the applicant’s practical knowledge of
dentistry.
2. The board shall examine each applicant in writing on the contents
and interpretation of this chapter and the regulations of the board.
3. Except as otherwise provided in NRS 631.271 and sections [2,] 3
and 4 of this act, the examination required by paragraph (b) of subsection
1 must include clinical demonstrations of the applicant’s skill in dentistry.
4. All persons who present the appropriate certificate and successfully
complete the examination 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 the member of the board who is a
representative of the general public and those members of the board who
are dentists.
Sec. 7. NRS 631.250 is hereby amended to read as follows:
631.250 1. The board may issue a specialist’s license authorizing a
[licensed] dentist licensed in this state to announce, hold himself 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 [licensee] dentist licensed in this state may announce or hold
himself out to the public as a specialist or practice as a specialist unless he
has successfully completed the educational requirements currently
specified for qualification in the special area by the certifying board.
3. A [licensed] dentist licensed in this state who has successfully
completed those educational requirements, has passed the general dentistry
examination 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 [has
been issued must] is issued shall limit his practice to the specialty.
Sec. 7.5 NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to [take an examination] 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 an accredited school of dental hygiene.
2. To determine whether a person has good moral character , the board
may consider whether his license to practice dental hygiene in another
state has been suspended or revoked or whether he is currently involved in
any disciplinary action concerning his license in that state.
Sec. 8. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice dental
hygiene, after having complied with the regulations of the board to
determine eligibility, must be examined by the board upon such subjects
as the board deems necessary, and, except as otherwise provided in NRS
631.271[,] and section 4 of this act, be given a practical examination in
dental hygiene, including, but not limited to, the removal of deposits from,
and the polishing of, the exposed surface of the teeth.
2. The examination must be:
(a) Written, 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 [631 of NRS] and the regulations of the
board.
4. In lieu of the written examination which may be required by
subsection 2, the board shall recognize a certificate from the [National
Board of Dental Examiners] Joint Commission on National Dental
Examinations which contains a notation that the applicant has passed the
[examination of the board] National Board Dental Examination with a
score of at least 75.
Sec. 9. Section 2 of this act is hereby amended to read as follows:
Sec. 2. 1. The board shall, without a clinical demonstration
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 his 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 his license to practice dentistry in this state,
another state or territory of the United States or the District of
Columbia; and
(f) Pays the application, examination and renewal fees in the same
manner as a person licensed pursuant to NRS 631.240 . [; and
(g) Submits the statement required by NRS 631.225.]
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 demonstration required by NRS 631.240 if:
(1) The person has held a temporary license to practice dentistry
pursuant to subsection 1 for a minimum of 2 years; and
(2) The person has not been involved in any disciplinary
action during the time he has held a temporary license pursuant to
subsection 1.
3. The board shall examine each applicant in writing on the
contents and interpretation of this chapter and the regulations of the
board.
Sec. 10. Section 3 of this act is hereby amended to read as follows:
Sec. 3. 1. The board may, without a clinical demonstration
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;
(b) Has an active license to practice dentistry pursuant to the laws
of another state or territory of the United States or the District of
Columbia;
(c) Is a specialist as identified by the board; and
(d) Pays the application, examination and renewal fees in the same
manner as a person licensed pursuant to NRS 631.240 . [; and
(e) Submits the statement required by NRS 631.225.]
2. 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 his license to practice dentistry,
in this state, another state or territory of the United States or the
District of Columbia.
3. The board shall examine each applicant in writing on the
contents and interpretation of this chapter and the regulations of the
board.
4. A person to whom a specialist’s license is issued pursuant to
this section shall limit his practice to the specialty.
5. The board shall revoke a specialist’s license at any time upon
proof satisfactory to the board that the holder of the license violated
any provision of this section or the regulations of the board.
Sec. 11. Section 4 of this act is hereby amended to read as follows:
Sec. 4. 1. The board shall, without a clinical demonstration
required by NRS 631.240 or a practical examination required by NRS
631.300, issue a restricted geographical license to practice dentistry
or dental hygiene to a person if he 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; or
(b) 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 he:
(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; and
(c) Pays the application, examination and renewal fees in the same
manner as a person licensed pursuant to NRS 631.240 or 631.300 . [;
and
(d) Submits the statement required by NRS 631.225.]
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 his license to practice dentistry or dental
hygiene,
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
which has requested the restricted geographical licensure pursuant to
paragraph (a) 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 him by a
federally qualified health center or nonprofit clinic pursuant to
paragraph (b) of subsection 1.
6. Within 7 days after the termination of his contract pursuant to
paragraph (b) 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 demonstration required by NRS 631.240 or
a practical examination required by NRS 631.300 if the person:
(a) Has not had his 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 his 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 restricted geographical area; or
(2) Been under contract with a federally qualified health center
or nonprofit clinic for a minimum of 3 years.
8. The board shall revoke a restricted geographical license at any
time upon proof satisfactory to the board that the holder of the license
violated any provision of this section or the regulations of the board.
Sec. 12. 1. This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of
this act become effective on October 1, 2001.
2. Section 6 of this act becomes effective on October 1, 2005.
3. Sections 9, 10 and 11 of this act become effective on the date on
which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or
to restrict the use of professional, occupational and recreational licenses of
persons who:
(a) Have failed to comply with a subpoena or warrant relating to a
procedure to determine the paternity of a child or to establish or enforce an
obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more
children,
are repealed by the Congress of the United States.
4. Sections 2, 5 and 9 of this act expire by limitation on September 30,
2005.
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