(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT S.B. 133
Senate Bill No. 133–Senators Shaffer, Coffin,
Titus,
Carlton and Neal
February 14, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Authorizes board of dental examiners of Nevada to issue certain licenses without examinations or clinical demonstrations to dentists and dental hygienists licensed in other jurisdictions under certain circumstances. (BDR 54‑241)
FISCAL NOTE: Effect on Local Government: 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 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:
1-1 Section 1. Chapter 631 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2, 3 and 4 of this act.
1-3 Sec. 2. 1. The board shall, without a clinical demonstration
1-4 required by NRS 631.240, issue a temporary license to practice dentistry
1-5 to a person who:
1-6 (a) Has a license to practice dentistry issued pursuant to the laws of
1-7 another state or territory of the United States or the District of Columbia;
1-8 (b) Has practiced dentistry pursuant to the laws of another state or
1-9 territory of the United States or the District of Columbia for a minimum
1-10 of 5 years;
1-11 (c) Has not had his license to practice dentistry revoked or suspended
1-12 in this state, another state or territory of the United States or the District
1-13 of Columbia;
1-14 (d) Has not been refused a license to practice dentistry in this state,
1-15 another state or territory of the United States or the District of Columbia;
1-16 (e) Is not involved in or does not have pending a disciplinary action
1-17 concerning his license to practice dentistry in this state, another state or
1-18 territory of the United States or the District of Columbia;
2-1 (f) Pays the application, examination and renewal fees in the same
2-2 manner as a person licensed pursuant to NRS 631.240; and
2-3 (g) Submits the statement required by NRS 631.225.
2-4 2. A person to whom a temporary license is issued pursuant to
2-5 subsection 1 may:
2-6 (a) Practice dentistry for the duration of the temporary license; and
2-7 (b) Apply for a permanent license to practice dentistry without a
2-8 clinical demonstration required by NRS 631.240 if:
2-9 (1) The person has held a temporary license to practice dentistry
2-10 pursuant to subsection 1 for a minimum of 2 years; and
2-11 (2) The person has not been involved in any disciplinary action
2-12 during the time he has held a temporary license pursuant to subsection 1.
2-13 3. The board shall examine each applicant in writing on the contents
2-14 and interpretation of this chapter and the regulations of the board.
2-15 Sec. 3. 1. The board may, without a clinical demonstration
2-16 required by NRS 631.240, issue a specialist’s license to a person who:
2-17 (a) Presents a current certification as a diplomate from a certifying
2-18 board approved by the Commission on Dental Accreditation of the
2-19 American Dental Association;
2-20 (b) Has an active license to practice dentistry pursuant to the laws of
2-21 another state or territory of the United States or the District of Columbia;
2-22 (c) Is a specialist as identified by the board;
2-23 (d) Pays the application, examination and renewal fees in the same
2-24 manner as a person licensed pursuant to NRS 631.240; and
2-25 (e) Submits the statement required by NRS 631.225.
2-26 2. The board shall not issue a specialist’s license to a person:
2-27 (a) Whose license to practice dentistry has been revoked or suspended;
2-28 (b) Who has been refused a license to practice dentistry; or
2-29 (c) Who is involved in or has pending a disciplinary action concerning
2-30 his license to practice dentistry,
2-31 in this state, another state or territory of the United States or the District
2-32 of Columbia.
2-33 3. The board shall examine each applicant in writing on the contents
2-34 and interpretation of this chapter and the regulations of the board.
2-35 4. A person to whom a specialist’s license is issued pursuant to this
2-36 section shall limit his practice to the specialty.
2-37 5. The board shall revoke a specialist’s license at any time upon
2-38 proof satisfactory to the board that the holder of the license violated any
2-39 provision of this section or the regulations of the board.
2-40 Sec. 4. 1. The board shall, without a clinical demonstration
2-41 required by NRS 631.240 or a practical examination required by NRS
2-42 631.300, issue a restricted geographical license to practice dentistry or
2-43 dental hygiene to a person if he meets the requirements of subsection 2
2-44 and:
2-45 (a) A board of county commissioners submits a request that the board
2-46 of dental examiners of Nevada waive the requirements of NRS 631.240
2-47 or 631.300 for any applicant intending to practice dentistry or dental
2-48 hygiene in a rural area of a county in which dental or dental hygiene
3-1 needs are underserved as that term is defined by the officer of rural
3-2 health of the University of Nevada School of Medicine; or
3-3 (b) The director of a federally qualified health center or a nonprofit
3-4 clinic submits a request that the board waive the requirements of NRS
3-5 631.240 or 631.300 for any applicant who has entered into a contract
3-6 with a federally qualified health center or nonprofit clinic which treats
3-7 underserved populations in Washoe County or Clark County.
3-8 2. A person may apply for a restricted geographical license if he:
3-9 (a) Has a license to practice dentistry or dental hygiene issued
3-10 pursuant to the laws of another state or territory of the United States or
3-11 the District of Columbia;
3-12 (b) Is otherwise qualified for a license to practice dentistry or dental
3-13 hygiene in this state;
3-14 (c) Pays the application, examination and renewal fees in the same
3-15 manner as a person licensed pursuant to NRS 631.240 or 631.300; and
3-16 (d) Submits the statement required by NRS 631.225.
3-17 3. The board shall not issue a restricted geographical license to a
3-18 person:
3-19 (a) Whose license to practice dentistry or dental hygiene has been
3-20 revoked or suspended;
3-21 (b) Who has been refused a license to practice dentistry or dental
3-22 hygiene; or
3-23 (c) Who is involved in or has pending a disciplinary action concerning
3-24 his license to practice dentistry or dental hygiene,
3-25 in this state, another state or territory of the United States or the District
3-26 of Columbia.
3-27 4. The board shall examine each applicant in writing on the contents
3-28 and interpretation of this chapter and the regulations of the board.
3-29 5. A person to whom a restricted geographical license is issued
3-30 pursuant to this section:
3-31 (a) May practice dentistry or dental hygiene only in the county which
3-32 has requested the restricted geographical licensure pursuant to
3-33 paragraph (a) of subsection 1.
3-34 (b) Shall not, for the duration of the restricted geographical license,
3-35 engage in the private practice of dentistry or dental hygiene in this
3-36 state or accept compensation for the practice of dentistry or dental
3-37 hygiene except such compensation as may be paid to him by a federally
3-38 qualified health center or nonprofit clinic pursuant to paragraph (b) of
3-39 subsection 1.
3-40 6. Within 7 days after the termination of his contract pursuant to
3-41 paragraph (b) of subsection 1, the holder of a restricted geographical
3-42 license shall notify the board of the termination, in writing, and
3-43 surrender the restricted geographical license.
3-44 7. A person to whom a restricted geographical license was issued
3-45 pursuant to this section may petition the board for an unrestricted license
3-46 without a clinical demonstration required by NRS 631.240 or a practical
3-47 examination required by NRS 631.300 if the person:
4-1 (a) Has not had his license to practice dentistry or dental hygiene
4-2 revoked or suspended in this state, another state or territory of the United
4-3 States or the District of Columbia;
4-4 (b) Has not been refused a license to practice dentistry or dental
4-5 hygiene in this state, another state or territory of the United States or the
4-6 District of Columbia;
4-7 (c) Is not involved in or does not have pending a disciplinary action
4-8 concerning his license to practice dentistry or dental hygiene in this state,
4-9 another state or territory of the United States or the District of Columbia;
4-10 and
4-11 (d) Has:
4-12 (1) Actively practiced dentistry or dental hygiene for 3 years at a
4-13 minimum of 30 hours per week in the restricted geographical area; or
4-14 (2) Been under contract with a federally qualified health center or
4-15 nonprofit clinic for a minimum of 3 years.
4-16 8. The board shall revoke a restricted geographical license at any
4-17 time upon proof satisfactory to the board that the holder of the license
4-18 violated any provision of this section or the regulations of the board.
4-19 Sec. 4.5 NRS 631.230 is hereby amended to read as follows:
4-20 631.230 1. Any person is eligible to [take an examination] apply for
4-21 a license to practice dentistry in the State of Nevada who:
4-22 (a) Is over the age of 21 years;
4-23 (b) Is a citizen of the United States, or is lawfully entitled to remain and
4-24 work in the United States;
4-25 (c) Is a graduate of an accredited dental school or college; and
4-26 (d) Is of good moral character.
4-27 2. To determine whether a person has good moral character , the board
4-28 may consider whether his license to practice dentistry in another state has
4-29 been suspended or revoked or whether he is currently involved in any
4-30 disciplinary action concerning his license in that state.
4-31 Sec. 5. NRS 631.240 is hereby amended to read as follows:
4-32 631.240 1. Any person desiring to obtain a license to practice
4-33 dentistry in this state, after having complied with the regulations of the
4-34 board to determine eligibility, must:
4-35 (a) Present to the board a certificate granted by the [National Board of
4-36 Dental Examiners] Joint Commission on National Dental Examinations
4-37 which contains a notation that [he] the applicant has passed the [board’s
4-38 examination] National Board Dental Examination with an average score
4-39 of at least 75; and
4-40 (b) Be examined by the board on [his] the applicant’s practical
4-41 knowledge of dentistry.
4-42 2. The board shall examine each applicant in writing on the contents
4-43 and interpretation of this chapter [631 of NRS] and the regulations of the
4-44 board.
4-45 3. Except as otherwise provided in NRS 631.271 [,] and sections 2, 3
4-46 and 4 of this act, the examination required by paragraph (b) of subsection
4-47 1 must include clinical demonstrations of the applicant’s skill in dentistry.
4-48 4. All persons who present the appropriate certificate and successfully
4-49 complete the examination must be registered as licensed dentists on the
5-1 board register, as provided in this chapter, and are entitled to receive a
5-2 certificate of registration, signed by the member of the board who is a
5-3 representative of the general public and those members of the board who
5-4 are dentists.
5-5 Sec. 6. NRS 631.240 is hereby amended to read as follows:
5-6 631.240 1. Any person desiring to obtain a license to practice
5-7 dentistry in this state, after having complied with the regulations of the
5-8 board to determine eligibility, must:
5-9 (a) Present to the board a certificate granted by the Joint Commission on
5-10 National Dental Examinations which contains a notation that the applicant
5-11 has passed the National Board Dental Examination with an average score
5-12 of at least 75; and
5-13 (b) Be examined by the board on the applicant’s practical knowledge of
5-14 dentistry.
5-15 2. The board shall examine each applicant in writing on the contents
5-16 and interpretation of this chapter and the regulations of the board.
5-17 3. Except as otherwise provided in NRS 631.271 and sections [2,] 3
5-18 and 4 of this act, the examination required by paragraph (b) of subsection 1
5-19 must include clinical demonstrations of the applicant’s skill in dentistry.
5-20 4. All persons who present the appropriate certificate and successfully
5-21 complete the examination must be registered as licensed dentists on the
5-22 board register, as provided in this chapter, and are entitled to receive a
5-23 certificate of registration, signed by the member of the board who is a
5-24 representative of the general public and those members of the board who
5-25 are dentists.
5-26 Sec. 7. NRS 631.250 is hereby amended to read as follows:
5-27 631.250 1. The board may issue a specialist’s license authorizing a
5-28 [licensed] dentist licensed in this state to announce, hold himself out and
5-29 practice as a specialist in a special area of dentistry for which there is a
5-30 certifying board approved by the Commission on Dental Accreditation of
5-31 the American Dental Association.
5-32 2. No [licensee] dentist licensed in this state may announce or hold
5-33 himself out to the public as a specialist or practice as a specialist unless he
5-34 has successfully completed the educational requirements currently
5-35 specified for qualification in the special area by the certifying board.
5-36 3. A [licensed] dentist licensed in this state who has successfully
5-37 completed those educational requirements, has passed the general dentistry
5-38 examination and has been issued a specialist’s license under this section
5-39 may commence specialty practice immediately in the special area without:
5-40 (a) Examination by the certifying board.
5-41 (b) Certification as a diplomate of the certifying board.
5-42 4. A dentist licensed in this state to whom a specialist’s license [has
5-43 been issued must] is issued shall limit his practice to the specialty.
5-44 Sec. 7.5 NRS 631.290 is hereby amended to read as follows:
5-45 631.290 1. Any person is eligible to [take an examination] apply for
5-46 a license to practice dental hygiene in this state who:
5-47 (a) Is of good moral character;
5-48 (b) Is over 18 years of age;
6-1 (c) Is a citizen of the United States or is lawfully entitled to remain and
6-2 work in the United States; and
6-3 (d) Is a graduate of an accredited school of dental hygiene.
6-4 2. To determine whether a person has good moral character , the board
6-5 may consider whether his license to practice dental hygiene in another state
6-6 has been suspended or revoked or whether he is currently involved in any
6-7 disciplinary action concerning his license in that state.
6-8 Sec. 8. NRS 631.300 is hereby amended to read as follows:
6-9 631.300 1. Any person desiring to obtain a license to practice dental
6-10 hygiene, after having complied with the regulations of the board to
6-11 determine eligibility, must be examined by the board upon such subjects as
6-12 the board deems necessary, and, except as otherwise provided in NRS
6-13 631.271[,] and section 4 of this act, be given a practical examination in
6-14 dental hygiene, including, but not limited to, the removal of deposits from,
6-15 and the polishing of, the exposed surface of the teeth.
6-16 2. The examination must be:
6-17 (a) Written, oral or a combination of both; and
6-18 (b) Practical, as in the opinion of the board is necessary to test the
6-19 qualifications of the applicant.
6-20 3. The board shall examine each applicant in writing on the contents
6-21 and interpretation of this chapter [631 of NRS] and the regulations of the
6-22 board.
6-23 4. In lieu of the written examination which may be required by
6-24 subsection 2, the board shall recognize a certificate from the [National
6-25 Board of Dental Examiners] Joint Commission on National Dental
6-26 Examinations which contains a notation that the applicant has passed the
6-27 [examination of the board] National Board Dental Examination with a
6-28 score of at least 75.
6-29 Sec. 9. Section 2 of this act is hereby amended to read as follows:
6-30 Sec. 2. 1. The board shall, without a clinical demonstration
6-31 required by NRS 631.240, issue a temporary license to practice
6-32 dentistry to a person who:
6-33 (a) Has a license to practice dentistry issued pursuant to the laws of
6-34 another state or territory of the United States or the District of
6-35 Columbia;
6-36 (b) Has practiced dentistry pursuant to the laws of another state or
6-37 territory of the United States or the District of Columbia for a
6-38 minimum of 5 years;
6-39 (c) Has not had his license to practice dentistry revoked or
6-40 suspended in this state, another state or territory of the United States
6-41 or the District of Columbia;
6-42 (d) Has not been refused a license to practice dentistry in this state,
6-43 another state or territory of the United States or the District of
6-44 Columbia;
6-45 (e) Is not involved in or does not have pending a disciplinary
6-46 action concerning his license to practice dentistry in this state, another
6-47 state or territory of the United States or the District of Columbia; and
6-48 (f) Pays the application, examination and renewal fees in the same
6-49 manner as a person licensed pursuant to NRS 631.240 . [; and
7-1 (g) Submits the statement required by NRS 631.225.]
7-2 2. A person to whom a temporary license is issued pursuant to
7-3 subsection 1 may:
7-4 (a) Practice dentistry for the duration of the temporary license; and
7-5 (b) Apply for a permanent license to practice dentistry without a
7-6 clinical demonstration required by NRS 631.240 if:
7-7 (1) The person has held a temporary license to practice dentistry
7-8 pursuant to subsection 1 for a minimum of 2 years; and
7-9 (2) The person has not been involved in any disciplinary
7-10 action during the time he has held a temporary license pursuant to
7-11 subsection 1.
7-12 3. The board shall examine each applicant in writing on the
7-13 contents and interpretation of this chapter and the regulations of the
7-14 board.
7-15 Sec. 10. Section 3 of this act is hereby amended to read as follows:
7-16 Sec. 3. 1. The board may, without a clinical demonstration
7-17 required by NRS 631.240, issue a specialist’s license to a person who:
7-18 (a) Presents a current certification as a diplomate from a certifying
7-19 board approved by the Commission on Dental Accreditation of the
7-20 American Dental Association;
7-21 (b) Has an active license to practice dentistry pursuant to the laws
7-22 of another state or territory of the United States or the District of
7-23 Columbia;
7-24 (c) Is a specialist as identified by the board; and
7-25 (d) Pays the application, examination and renewal fees in the same
7-26 manner as a person licensed pursuant to NRS 631.240 . [; and
7-27 (e) Submits the statement required by NRS 631.225.]
7-28 2. The board shall not issue a specialist’s license to a person:
7-29 (a) Whose license to practice dentistry has been revoked or
7-30 suspended;
7-31 (b) Who has been refused a license to practice dentistry; or
7-32 (c) Who is involved in or has pending a disciplinary action
7-33 concerning his license to practice dentistry,
7-34 in this state, another state or territory of the United States or the
7-35 District of Columbia.
7-36 3. The board shall examine each applicant in writing on the
7-37 contents and interpretation of this chapter and the regulations of the
7-38 board.
7-39 4. A person to whom a specialist’s license is issued pursuant to
7-40 this section shall limit his practice to the specialty.
7-41 5. The board shall revoke a specialist’s license at any time upon
7-42 proof satisfactory to the board that the holder of the license violated
7-43 any provision of this section or the regulations of the board.
7-44 Sec. 11. Section 4 of this act is hereby amended to read as follows:
7-45 Sec. 4. 1. The board shall, without a clinical demonstration
7-46 required by NRS 631.240 or a practical examination required by NRS
7-47 631.300, issue a restricted geographical license to practice dentistry or
7-48 dental hygiene to a person if he meets the requirements of subsection
7-49 2 and:
8-1 (a) A board of county commissioners submits a request that the
8-2 board of dental examiners of Nevada waive the requirements of NRS
8-3 631.240 or 631.300 for any applicant intending to practice dentistry or
8-4 dental hygiene in a rural area of a county in which dental or dental
8-5 hygiene needs are underserved as that term is defined by the officer of
8-6 rural health of the University of Nevada School of Medicine; or
8-7 (b) The director of a federally qualified health center or a nonprofit
8-8 clinic submits a request that the board waive the requirements of NRS
8-9 631.240 or 631.300 for any applicant who has entered into a contract
8-10 with a federally qualified health center or nonprofit clinic which treats
8-11 underserved populations in Washoe County or Clark County.
8-12 2. A person may apply for a restricted geographical license if he:
8-13 (a) Has a license to practice dentistry or dental hygiene issued
8-14 pursuant to the laws of another state or territory of the United States
8-15 or the District of Columbia;
8-16 (b) Is otherwise qualified for a license to practice dentistry or
8-17 dental hygiene in this state; and
8-18 (c) Pays the application, examination and renewal fees in the same
8-19 manner as a person licensed pursuant to NRS 631.240 or 631.300 . [;
8-20 and
8-21 (d) Submits the statement required by NRS 631.225.]
8-22 3. The board shall not issue a restricted geographical license to a
8-23 person:
8-24 (a) Whose license to practice dentistry or dental hygiene has been
8-25 revoked or suspended;
8-26 (b) Who has been refused a license to practice dentistry or dental
8-27 hygiene; or
8-28 (c) Who is involved in or has pending a disciplinary
8-29 action concerning his license to practice dentistry or dental
8-30 hygiene,
8-31 in this state, another state or territory of the United States or the
8-32 District of Columbia.
8-33 4. The board shall examine each applicant in writing on the
8-34 contents and interpretation of this chapter and the regulations of the
8-35 board.
8-36 5. A person to whom a restricted geographical license is issued
8-37 pursuant to this section:
8-38 (a) May practice dentistry or dental hygiene only in the county
8-39 which has requested the restricted geographical licensure pursuant to
8-40 paragraph (a) of subsection 1.
8-41 (b) Shall not, for the duration of the restricted geographical license,
8-42 engage in the private practice of dentistry or dental hygiene in this
8-43 state or accept compensation for the practice of dentistry or dental
8-44 hygiene except such compensation as may be paid to him by a
8-45 federally qualified health center or nonprofit clinic pursuant to
8-46 paragraph (b) of subsection 1.
8-47 6. Within 7 days after the termination of his contract pursuant to
8-48 paragraph (b) of subsection 1, the holder of a restricted geographical
9-1 license shall notify the board of the termination, in writing, and
9-2 surrender the restricted geographical license.
9-3 7. A person to whom a restricted geographical license was issued
9-4 pursuant to this section may petition the board for an unrestricted
9-5 license without a clinical demonstration required by NRS 631.240 or a
9-6 practical examination required by NRS 631.300 if the person:
9-7 (a) Has not had his license to practice dentistry or dental hygiene
9-8 revoked or suspended in this state, another state or territory of the
9-9 United States or the District of Columbia;
9-10 (b) Has not been refused a license to practice dentistry or dental
9-11 hygiene in this state, another state or territory of the United States or
9-12 the District of Columbia;
9-13 (c) Is not involved in or does not have pending a disciplinary
9-14 action concerning his license to practice dentistry or dental hygiene in
9-15 this state, another state or territory of the United States or the District
9-16 of Columbia; and
9-17 (d) Has:
9-18 (1) Actively practiced dentistry or dental hygiene for 3 years at a
9-19 minimum of 30 hours per week in the restricted geographical area; or
9-20 (2) Been under contract with a federally qualified health center
9-21 or nonprofit clinic for a minimum of 3 years.
9-22 8. The board shall revoke a restricted geographical license at any
9-23 time upon proof satisfactory to the board that the holder of the license
9-24 violated any provision of this section or the regulations of the board.
9-25 Sec. 12. 1. This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of
9-26 this act become effective on October 1, 2001.
9-27 2. Section 6 of this act becomes effective on October 1, 2005.
9-28 3. Sections 9, 10 and 11 of this act become effective on the date on
9-29 which the provisions of 42 U.S.C. § 666 requiring each state to establish
9-30 procedures under which the state has authority to withhold or suspend, or
9-31 to restrict the use of professional, occupational and recreational licenses of
9-32 persons who:
9-33 (a) Have failed to comply with a subpoena or warrant relating to a
9-34 procedure to determine the paternity of a child or to establish or enforce an
9-35 obligation for the support of a child; or
9-36 (b) Are in arrears in the payment for the support of one or more
9-37 children,
9-38 are repealed by the Congress of the United States.
9-39 4. Sections 2, 5 and 9 of this act expire by limitation on September 30,
9-40 2005.
9-41 H