As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 631.015
to 631.105 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1983, 1106; A 1987, 857; 1989, 1739; 2001, 2692)
“Accredited” means approved by
the Commission on Dental Accreditation of the American Dental Association
or its successor organization.
(Added to NRS by 1971, 530; A 1983, 1110; 1985, 379)
“Board” means the Board of Dental
Examiners of Nevada.
[Part 2:152:1951]—(NRS A 1983, 1110)
“Conscious sedation”
means a minimally depressed level of consciousness, produced by a
pharmacologic or nonpharmacologic method or a combination thereof, in
which the patient retains the ability independently and continuously to
maintain an airway and to respond appropriately to physical stimulation
and verbal commands.
(Added to NRS by 2001, 2691 )
“Deep sedation” means a
controlled state of depressed consciousness, produced by a pharmacologic
or nonpharmacologic method or a combination thereof, and accompanied by a
partial loss of protective reflexes and the inability to respond
purposefully to verbal commands.
(Added to NRS by 2001, 2691 )
“Dental hygiene” means the
performance of educational, preventive and therapeutic periodontal
treatment including scaling, curettage and planing of roots and any
related and required intraoral or extraoral procedures that a dentist is
authorized to assign to a dental hygienist.
[Part 2:152:1951]—(NRS A 1971, 531; 1981, 1969; 1983, 1110; 2003,
519 )
“Dental hygienist” means
any person who practices the profession of dental hygiene and is licensed
pursuant to this chapter.
[Part 2:152:1951]—(NRS A 1983, 1110; 2003, 519 )
“General anesthesia”
means a controlled state of unconsciousness, produced by a pharmacologic
or nonpharmacologic method or a combination thereof, and accompanied by
partial or complete loss of protective reflexes and the inability
independently to maintain an airway and respond purposefully to physical
stimulation or verbal commands.
(Added to NRS by 1989, 1739)
“License” means a certificate
issued by the Board to any applicant upon completion of requirements for
admission to practice either dental hygiene or dentistry, or any of the
special branches of dentistry, as provided by the license.
[Part 2:152:1951]—(NRS A 1983, 1111)
“Malpractice” means failure on
the part of a dentist to exercise the degree of care, diligence and skill
ordinarily exercised by dentists in good standing in the community in
which he practices. As used in this section, “community” means the entire
area customarily served by dentists among whom a patient may reasonably
choose, not merely the particular area inhabited by the patients of that
individual dentist or the particular city or place where he has his
office.
(Added to NRS by 1983, 1106)
“Professional
incompetence” means lack of ability safely and skillfully to practice
dentistry, or to practice one or more specified branches of dentistry,
arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental capability of the dentist;
3. Indulgence in the use of alcohol or any controlled substance; or
4. Any other sole or contributing cause.
(Added to NRS by 1983, 1106)
“Renewal certificate”
means the certificate of renewal of a license issued by the Board.
[Part 2:152:1951]—(NRS A 1967, 865; 1981, 1972; 1983, 1112)
“Supervision by a
dentist” means that a dentist is:
1. Physically present in the office where the procedures to be
supervised are being performed, while these procedures are being
performed; and
2. Capable of responding immediately if any emergency should arise.
(Added to NRS by 1987, 857)
BOARD OF DENTAL EXAMINERS OF NEVADA
The Board of Dental Examiners
of Nevada, consisting of 11 members appointed by the Governor, is hereby
created.
[Part 4:152:1951; A 1953, 363]—(NRS A 1977, 1250; 1981, 1972; 2003,
519 )
1. The Governor shall appoint:
(a) Six members who are graduates of accredited dental schools or
colleges, are residents of Nevada and have ethically engaged in the
practice of dentistry in Nevada for a period of at least 5 years.
(b) One member who has resided in Nevada for at least 5 years and
who represents the interests of persons or agencies that regularly
provide health care to patients who are indigent, uninsured or unable to
afford health care. This member may be licensed under the provisions of
this chapter.
(c) Three members who:
(1) Are graduates of accredited schools or colleges of
dental hygiene;
(2) Are residents of Nevada; and
(3) Have been actively engaged in the practice of dental
hygiene in Nevada for a period of at least 5 years before their
appointment to the Board.
(d) One member who is a representative of the general public. This
member must not be:
(1) A dentist or a dental hygienist; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a dentist or a dental hygienist.
2. The members who are dental hygienists may vote on all matters
but may not participate in grading any clinical examinations required by
NRS 631.240 for the licensing of
dentists.
3. If a member is not licensed under the provisions of this
chapter, the member shall not participate in grading any examination
required by the Board.
[Part 4:152:1951; A 1953, 363]—(NRS A 1971, 533; 1977, 1250; 1981,
1972; 1983, 1112; 1989, 52; 1995, 275; 2003, 519 , 1190 ; 2005, 271 )
1. The six members of the Board who are dentists, the member of
the Board who represents the interests of persons or agencies that
regularly provide health care to patients who are indigent, uninsured or
unable to afford health care, and the member of the Board who is a
representative of the general public must be appointed from areas of the
State as follows:
(a) Three of those members must be from Carson City, Douglas County
or Washoe County.
(b) Four of those members must be from Clark County.
(c) One of those members may be from any county of the State.
2. The three members of the Board who are dental hygienists must
be appointed from areas of the State as follows:
(a) One of those members must be from Carson City, Douglas County
or Washoe County.
(b) One of those members must be from Clark County.
(c) One of those members may be from any county of the State.
[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343; 1971, 533; 1977,
1251; 1979, 87; 1981, 1973; 2003, 520 , 1191 )
The
Governor shall remove from office any member of the Board for:
1. Continued neglect of duty.
2. Incompetency.
3. Dishonorable or unprofessional conduct as defined in this
chapter.
[Part 4:152:1951; A 1953, 363]
1. At the first regular meeting of each year, the Board shall
elect from its membership one of its members as President and one of its
members as Secretary-Treasurer, each of whom shall hold office for 1 year
and until his successor is elected and qualified.
2. The Board shall define the duties of the President, the
Secretary-Treasurer and the Executive Director.
3. The Executive Director shall receive such compensation as
determined by the Board, and the Board shall fix the amount of the bond
to be furnished by the Secretary-Treasurer and the Executive Director.
[Part 4:152:1951; A 1953, 363]—(NRS A 1995, 275)
1. The Board shall meet at least once annually to examine
applicants. The dates of the examinations must be fixed by the Board. The
Board may conduct examinations outside of this State, and for this
purpose may use the facilities of dental colleges, but all examinations
must be conducted by members of the Board or examiners appointed by the
Board.
2. The Board may also meet at such other times and places and for
such other purposes as it may deem proper.
3. A quorum consists of five members who are dentists and two
members who are dental hygienists.
[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343; 1963, 82; 1981,
1973; 1983, 1113; 1987, 857; 2003, 520 )
The liability of any person
retained as an independent contractor by the Board to judge the
qualifications of an applicant for licensure by the Board is limited to
the same extent as is provided in NRS 41.035 for a member of the Board.
(Added to NRS by 1985, 1892)
1. Each member of the Board is entitled to receive:
(a) A salary of not more than $80 per day as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
3. The Board shall deposit in banks, credit unions or savings and
loan associations in this State all fees which it receives.
4. All expenses of the Board must be paid from the fees received
by the Board, and no part thereof may be paid from the State General Fund.
[Part 4:152:1951; A 1953, 363]—(NRS A 1963, 149; 1975, 303; 1981,
1973; 1985, 444; 1989, 1697; 1999, 1531 )
In addition to the powers and
duties provided in this chapter, the Board shall:
1. Adopt rules and regulations necessary to carry out the
provisions of this chapter.
2. Appoint such committees, examiners, officers, employees,
agents, attorneys, investigators and other professional consultants and
define their duties and incur such expense as it may deem proper or
necessary to carry out the provisions of this chapter, the expense to be
paid as provided in this chapter.
3. Fix the time and place for and conduct examinations for the
granting of licenses to practice dentistry and dental hygiene.
4. Examine applicants for licenses to practice dentistry and
dental hygiene.
5. Collect and apply fees as provided in this chapter.
6. Keep a register of all dentists and dental hygienists licensed
in this State, together with their addresses, license numbers and renewal
certificate numbers.
7. Have and use a common seal.
8. Keep such records as may be necessary to report the acts and
proceedings of the Board. Except as otherwise provided in NRS 631.368
, the records must be open to public
inspection.
9. Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
10. Have discretion to examine work authorizations in dental
offices or dental laboratories.
[Part 4:152:1951; A 1953, 363]—(NRS A 1963, 150; 1967, 865; 1993,
2743)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 149)
COMMITTEE ON DENTAL HYGIENE
1. The Committee on Dental Hygiene is hereby created.
2. The Committee consists of:
(a) The members of the Board who are dental hygienists; and
(b) One dentist who is a member of the Board and who has supervised
a dental hygienist for at least 3 years immediately preceding his
appointment to the Committee by the Board.
3. The Committee:
(a) May accept recommendations from dental hygienists, dentists and
the general public and may meet to review such recommendations.
(b) May make recommendations to the Board concerning:
(1) The practice of dental hygiene; and
(2) The licensing of dental hygienists, including, without
limitation, requirements relating to the education, examination and
discipline of dental hygienists.
(c) Shall carry out any duties the Board may assign to the
Committee.
(Added to NRS by 2003, 519 )
LICENSING
1. Any person shall be deemed to be practicing dentistry who:
(a) Uses words or any letters or title in connection with his name
which in any way represents him as engaged in the practice of dentistry,
or any branch thereof;
(b) Advertises or permits to be advertised by any medium that he
can or will attempt to perform dental operations of any kind;
(c) Diagnoses, professes to diagnose or treats or professes to
treat any of the diseases or lesions of the oral cavity, teeth, gingiva
or the supporting structures thereof;
(d) Extracts teeth;
(e) Corrects malpositions of the teeth or jaws;
(f) Takes impressions of the teeth, mouth or gums, unless the
person is authorized by the regulations of the Board to engage in such
activities without being a licensed dentist;
(g) Examines a person for, or supplies artificial teeth as
substitutes for natural teeth;
(h) Places in the mouth and adjusts or alters artificial teeth;
(i) Does any practice included in the clinical dental curricula of
accredited dental colleges or a residency program for those colleges;
(j) Administers or prescribes such remedies, medicinal or
otherwise, as are needed in the treatment of dental or oral diseases;
(k) Uses X-ray radiation or laser radiation for dental treatment or
dental diagnostic purposes, unless the person is authorized by the
regulations of the Board to engage in such activities without being a
licensed dentist;
(l) Determines:
(1) Whether a particular treatment is necessary or
advisable; or
(2) Which particular treatment is necessary or advisable; or
(m) Dispenses tooth whitening agents or undertakes to whiten or
bleach teeth by any means or method, unless the person is:
(1) Dispensing or using a product that may be purchased over
the counter for a person’s own use; or
(2) Authorized by the regulations of the Board to engage in
such activities without being a licensed dentist.
2. Nothing in this section:
(a) Prevents a dental assistant, dental hygienist or qualified
technician from making radiograms or X-ray exposures or using X-ray
radiation or laser radiation for dental treatment or dental diagnostic
purposes upon the direction of a licensed dentist.
(b) Prohibits the performance of mechanical work, on inanimate
objects only, by any person employed in or operating a dental laboratory
upon the written work authorization of a licensed dentist.
(c) Prevents students from performing dental procedures that are
part of the curricula of an accredited dental school or college or an
accredited school of dental hygiene or an accredited school of dental
assisting.
(d) Prevents a licensed dentist or dental hygienist from another
state or country from appearing as a clinician for demonstrating certain
methods of technical procedures before a dental society or organization,
convention or dental college or an accredited school of dental hygiene or
an accredited school of dental assisting.
(e) Prohibits the manufacturing of artificial teeth upon receipt of
a written authorization from a licensed dentist if the manufacturing does
not require direct contact with the patient.
[Part 2:152:1951]—(NRS A 1967, 864; 1971, 532; 1981, 1971; 1983,
1111; 1987, 858; 1995, 275; 2005, 271 )
1. Every applicant for a license to practice dental hygiene or
dentistry, or any of its special branches, shall:
(a) File an application with the Board 45 days before the date on
which the examination is to be given.
(b) Accompany the application with a recent photograph of himself
together with the required examination fee and such other documentation
as the Board may require by regulation.
(c) Submit with the application a complete set of fingerprints and
written permission authorizing the Board to forward the fingerprints to
the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report.
2. An application must include all information required to
complete the application.
[Part 5:152:1951]—(NRS A 1967, 865; 1987, 858; 1989, 1739; 1995,
276; 1997, 2124; 2003, 2860 ; 2005, 2717 , 2807 )
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to practice
dentistry or dental hygiene shall include the social security number of
the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to
practice dentistry or dental hygiene shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice dentistry or dental hygiene may not be
issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2123; A 2005, 2717 , 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to
practice dentistry or dental hygiene shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice dentistry or dental hygiene may not be
issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2123; A 2005, 2717 , 2718 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. Any person is eligible to 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.
[Part 5:152:1951]—(NRS A 1967, 866; 1971, 534; 1977, 1564; 1983,
1113; 1985, 379; 2001, 1609 )
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:
(a) Must 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) Except as otherwise provided in this chapter, must:
(1) Successfully complete a clinical examination given by
the Board which examines the applicant’s practical knowledge of dentistry
and which includes demonstrations of the applicant’s skill in dentistry;
or
(2) Present to the Board a certificate granted by the
Western Regional Examining Board which contains a notation that the
applicant has passed, within the 5 years immediately preceding the date
of the application, a clinical examination administered by the Western
Regional Examining Board.
2. The Board shall examine each applicant in writing on the
contents and interpretation of this chapter and the regulations of the
Board.
3. All persons who have satisfied the requirements for licensure
as a dentist 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 all members of the Board.
[Part 5:152:1951]—(NRS A 1971, 534; 1985, 380; 1987, 859; 1991,
330; 1995, 277; 1999, 1654 , 2849 ; 2001, 1610 ; 2003, 66 ; 2005, 44 , 272 )
1. The Board may issue a specialist’s license authorizing a
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 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 dentist licensed in this State who has successfully completed
those educational requirements, has passed the general dentistry
examination or has otherwise been approved for licensure by the Board,
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
is issued shall limit his practice to the specialty.
[Part 5:152:1951]—(NRS A 1971, 534; 1981, 1974; 1985, 380; 2001,
1610 ; 2005, 273 )
1. The Board may, without a clinical examination 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 ;
(e) Submits all information required to complete an application for
a license; and
(f) Satisfies the requirements of NRS 631.230 .
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,
Ê 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 may revoke a specialist’s license at any time upon
submission of substantial evidence to the Board that the holder of the
license violated any provision of this chapter or the regulations of the
Board.
(Added to NRS by 2001, 1607 ; A 2005, 45 , 273 , 274 , 2719 )
As soon as possible after the
examination has been given, the Board, under rules and regulations
adopted by it, shall determine the qualifications of the applicant and
shall issue to each person found by the Board to have the qualifications
therefor a license which will entitle the person to practice dental
hygiene or dentistry, or any special branch of dentistry, as in such
license defined, subject to the provisions of this chapter.
[Part 5:152:1951]
1. No licensed dentist or person who holds a restricted license
issued pursuant to NRS 631.275 may
administer or supervise directly the administration of general
anesthesia, conscious sedation or deep sedation to dental patients unless
he has been issued a permit authorizing him to do so by the Board.
2. The Board may issue a permit authorizing a licensed dentist or
person who holds a restricted license issued pursuant to NRS 631.275
to administer or supervise directly the
administration of general anesthesia, conscious sedation or deep sedation
to dental patients under such standards, conditions and other
requirements as the Board shall by regulation prescribe.
(Added to NRS by 1983, 278; A 1989, 1740; 2001, 2692 )
1. A qualified dentist may, to the extent necessary for the
exercise of due care in the practice of dentistry, perform a complete
physical evaluation and compile a medical history of a patient before
admitting the patient to a hospital for the purpose of practicing
dentistry.
2. A hospital shall not refuse to accept a physical evaluation or
medical history of a patient for the purpose of admission which is
performed by a qualified dentist who is a member in good standing of the
medical staff of the hospital.
3. As used in this section, “qualified dentist” means a dentist
who is licensed to practice dentistry in this State and who has completed
a training program to perform physical evaluations approved by the
American Medical Association or a training program for oral and
maxillofacial surgery approved by the American Dental Association.
(Added to NRS by 1985, 2097; A 1987, 520)
1. The Board shall, without a clinical examination required by NRS
631.240 or 631.300 , issue a limited license to practice dentistry
or dental hygiene to a person who:
(a) Is qualified for a license to practice dentistry or dental
hygiene in this State;
(b) Pays the required application fee;
(c) Has entered into a contract with the Nevada System of Higher
Education to provide services as a dental intern, dental resident or
instructor of dentistry or dental hygiene at an educational or outpatient
clinic, hospital or other facility of the Nevada System of Higher
Education;
(d) Satisfies the requirements of NRS 631.230 or 631.290 ,
as appropriate; and
(e) Satisfies at least one of the following requirements:
(1) 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;
(2) Presents to the Board a certificate granted by the
Western Regional Examining Board which contains a notation that the
person has passed, within the 5 years immediately preceding the date of
the application, a clinical examination administered by the Western
Regional Examining Board; or
(3) Has the educational or outpatient clinic, hospital or
other facility where the person will provide services as a dental intern
or dental resident in an internship or residency program submit to the
Board written confirmation that the person has been appointed to a
position in the program and is a citizen of the United States or is
lawfully entitled to remain and work in the United States. If a person
qualifies for a limited license pursuant to this subparagraph, the
limited license remains valid only while the person is actively providing
services as a dental intern or dental resident in the internship or
residency program, is lawfully entitled to remain and work in the United
States and is in compliance with all other requirements for the limited
license.
2. The Board shall not issue a limited license to a person:
(a) Who has been issued a license to practice dentistry or dental
hygiene if:
(1) The person is involved in a disciplinary action
concerning the license; or
(2) The license has been revoked or suspended; or
(b) Who has been refused a license to practice dentistry or dental
hygiene,
Ê in this State, another state or territory of the United States, or the
District of Columbia.
3. A person to whom a limited license is issued pursuant to
subsection 1:
(a) May practice dentistry or dental hygiene in this State only:
(1) At the educational or outpatient clinic, hospital or
other facility where he is employed; and
(2) In accordance with the contract required by paragraph
(c) of subsection 1.
(b) Shall not, for the duration of the limited 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 the Nevada System of
Higher Education for services provided as a dental intern, dental
resident or instructor of dentistry or dental hygiene.
4. A limited license expires 1 year after its date of issuance and
may be renewed on or before the date of its expiration, unless the holder
no longer satisfies the requirements for the limited license. The holder
of a limited license may, upon compliance with the applicable
requirements set forth in NRS 631.330
and the completion of a review conducted at the discretion of the Board,
be granted a renewal certificate that authorizes the continuation of
practice pursuant to the limited license for 1 year.
5. Within 7 days after the termination of his contract required by
paragraph (c) of subsection 1, the holder of a limited license shall
notify the Board of the termination, in writing, and surrender the
limited license to the Board.
6. The Board may revoke a limited license at any time upon
submission of substantial evidence to the Board that the holder of the
license violated any provision of this chapter or the regulations of the
Board.
(Added to NRS by 1999, 1653 ; A 1999, 2849 ; 2001, 907 ; 2003, 1182 ; 2005, 46 , 274 )
1. Except as otherwise provided in this section, the Board shall,
without a clinical examination 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 ;
(g) Submits all information required to complete an application for
a license; and
(h) Satisfies the requirements of NRS 631.230 .
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 examination 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.
4. The Board shall not, on or after July 1, 2006, issue any
additional temporary licenses to practice dentistry pursuant to this
section.
5. Any person who, on July 1, 2006, holds a temporary license to
practice dentistry issued pursuant to this section may, subject to the
regulatory and disciplinary authority of the Board, practice dentistry
under the temporary license until December 31, 2008, or until the person
is qualified to apply for and is issued or denied a permanent license to
practice dentistry in accordance with this section, whichever period is
shorter.
6. The Board may revoke a temporary license at any time upon
submission of substantial evidence to the Board that the holder of the
license violated any provision of this chapter or the regulations of the
Board.
(Added to NRS by 2001, 1607 ; A 2003, 66 ; 2005, 47 , 48 , 51 , 276 , 277 , 2719 )
1. Except as otherwise provided in this section, the Board shall,
without a clinical examination required by NRS 631.300 , issue a temporary license to practice dental
hygiene to a person who:
(a) Has a license to practice dental hygiene issued pursuant to the
laws of another state or territory of the United States, or the District
of Columbia;
(b) Satisfies the requirements of NRS 631.290 ;
(c) Has practiced dental hygiene pursuant to the laws of another
state or territory of the United States, or the District of Columbia, for
at least 5 years immediately preceding the date that he applies for a
temporary license;
(d) Has not had his license to practice dental hygiene revoked or
suspended in this State, another state or territory of the United States,
or the District of Columbia;
(e) Has not been denied a license to practice dental hygiene in
this State, another state or territory of the United States, or the
District of Columbia;
(f) Is not involved in or does not have pending a disciplinary
action concerning his license to practice dental hygiene in this State,
another state or territory of the United States, or the District of
Columbia;
(g) Pays the application, examination and renewal fees in the same
manner as a person licensed pursuant to NRS 631.300 ; and
(h) Submits all information required to complete an application for
a license.
2. A person to whom a temporary license is issued pursuant to this
section may:
(a) Practice dental hygiene for the duration of the temporary
license; and
(b) Apply for a permanent license to practice dental hygiene
without a clinical examination required by NRS 631.300 if:
(1) The person has held a temporary license to practice
dental hygiene issued pursuant to this section for at least 2 years; and
(2) The person has not been involved in any disciplinary
action during the time he has held a temporary license issued pursuant to
this section.
3. The Board shall examine each applicant in writing concerning
the contents and interpretation of this chapter and the regulations of
the Board.
4. The Board shall not, on or after July 1, 2006, issue any
additional temporary licenses to practice dental hygiene pursuant to this
section.
5. Any person who, on July 1, 2006, holds a temporary license to
practice dental hygiene issued pursuant to this section may, subject to
the regulatory and disciplinary authority of the Board, practice dental
hygiene under the temporary license until December 31, 2008, or until the
person is qualified to apply for and is issued or denied a permanent
license to practice dental hygiene in accordance with this section,
whichever period is shorter.
6. The Board may revoke a temporary license at any time upon
submission of substantial evidence to the Board that the holder of the
license violated any provision of this chapter or the regulations of the
Board.
(Added to NRS by 2003, 518 ; A 2005, 277 , 278 , 287 , 2720 , 2812 )
1. The Board shall, without a clinical examination required by NRS
631.240 or 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;
(b) Two or more boards of county commissioners submit a joint
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 one or more rural areas within those
counties 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
(c) 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 ;
(d) Submits all information required to complete an application for
a license; and
(e) Satisfies the requirements of NRS 631.230 or 631.290 ,
as appropriate.
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,
Ê 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 or
counties which requested the restricted geographical licensure pursuant
to paragraph (a) or (b) 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 (c) of
subsection 1.
6. Within 7 days after the termination of his contract pursuant to
paragraph (c) 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 examination required by NRS 631.240 or 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 county or counties which
requested the restricted geographical licensure pursuant to paragraph (a)
or (b) of subsection 1; or
(2) Been under contract with a federally qualified health
center or nonprofit clinic for a minimum of 3 years.
8. The Board may revoke a restricted geographical license at any
time upon submission of substantial evidence to the Board that the holder
of the license violated any provision of this chapter or the regulations
of the Board.
(Added to NRS by 2001, 1608 ; A 2005, 48 , 50 , 279 , 281 , 2720 )
1. Except as otherwise provided in subsection 2, the Board shall,
without examination, issue a restricted license to practice dentistry to
a person who:
(a) Has a valid license to practice dentistry issued pursuant to
the laws of another state or the District of Columbia;
(b) Has received a degree from a dental school or college
accredited by the Commission on Dental Accreditation of the American
Dental Association or its successor organization;
(c) Has entered into a contract with a facility approved by the
Health Division of the Department of Health and Human Services to provide
publicly funded dental services exclusively to persons of low income for
the duration of the restricted license; and
(d) Satisfies the requirements of NRS 631.230 .
2. The Board shall not issue a restricted license to a person:
(a) Who has failed to pass the examination of the Board;
(b) Who has been refused a license in this State, another state or
territory of the United States, or the District of Columbia; or
(c) Whose license to practice dentistry has been revoked in this
State, another state or territory of the United States, or the District
of Columbia.
3. A person to whom a restricted license is issued pursuant to
subsection 1:
(a) May perform dental services only:
(1) Under the general supervision of the State Dental Health
Officer or the supervision of a dentist who is licensed to practice
dentistry in this State and appointed by the Health Division of the
Department of Health and Human Services to supervise dental care that is
provided in a facility which has entered into a contract with the person
to whom a restricted license is issued and which is approved by the
Health Division; and
(2) In accordance with the contract required pursuant to
paragraph (c) of that subsection.
(b) Shall not, for the duration of the restricted license, engage
in the private practice of dentistry, which includes, without limitation,
providing dental services to a person who pays for the services.
4. A restricted license expires 1 year after its date of issuance
and may be renewed on or before the date of its expiration, unless the
holder no longer satisfies the requirements for the restricted license.
The holder of a restricted license may, upon compliance with the
applicable requirements set forth in NRS 631.330 and the completion of a review conducted at
the discretion of the Board, be granted a renewal certificate that
authorizes the continuation of practice pursuant to the restricted
license for 1 year.
5. A person who receives a restricted license must pass the
examination of the Board within 3 years after receiving his restricted
license. If the person fails to pass that examination, the Board shall
revoke the restricted license.
6. The Board may revoke a restricted license at any time upon
submission of substantial evidence to the Board that the holder of the
license violated any provision of this chapter or the regulations of the
Board.
(Added to NRS by 1997, 1377; A 1999, 1654 , 2849 ; 2001, 2692 ; 2005, 283 )
Any applicant for a license to practice dentistry in this State who
twice fails to pass the examination of the Board is not eligible for
reexamination within 12 months after the second examination was taken.
[Part 4:152:1951; A 1953, 363] + [Part 5:152:1951]—(NRS A 1957,
343; 1985, 380)
1. The Board shall, upon application by a dental hygienist who is
licensed pursuant to this chapter and has such qualifications as the
Board specifies by regulation, issue a special endorsement of his license
allowing him to practice public health dental hygiene pursuant to
subsection 2.
2. The State Dental Health Officer may authorize a person who
holds a special endorsement issued pursuant to subsection 1 to provide or
cause to be provided such services for the promotion of public health
dental hygiene as the State Dental Health Officer deems appropriate. Such
services:
(a) May be provided at schools, community centers, hospitals,
nursing homes and such other locations as the State Dental Health Officer
deems appropriate.
(b) May not be provided at a dental office that is not operated by
a public or nonprofit entity.
(Added to NRS by 2001, 2691 )
1. Any person is eligible to 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 a program of dental hygiene from an
institution which is accredited by a regional educational accrediting
organization that is recognized by the United States Department of
Education. The program of dental hygiene must:
(1) Be accredited by the Commission on Dental Accreditation
of the American Dental Association or its successor specialty accrediting
organization; and
(2) Include a curriculum of not less than 2 years of
academic instruction in dental hygiene or its academic equivalent.
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.
[Part 7:152:1951]—(NRS A 1971, 536; 1977, 1565; 1981, 1975; 1983,
1113; 2001, 1611 , 2693 , 2695 ; 2005, 284 )
1. Any person desiring to obtain a license to practice dental
hygiene, after having complied with the regulations of the Board to
determine eligibility:
(a) Must pass a written examination given by the Board upon such
subjects as the Board deems necessary for the practice of dental hygiene
or must present a certificate granted by the Joint Commission on National
Dental Examinations which contains a notation that the applicant has
passed the National Board Dental Hygiene Examination with a score of at
least 75; and
(b) Except as otherwise provided in this chapter, must:
(1) Successfully complete a clinical examination in dental
hygiene given by the Board which examines the applicant’s practical
knowledge of dental hygiene and which includes, but is not limited to,
demonstrations in the removal of deposits from, and the polishing of, the
exposed surface of the teeth; or
(2) Present to the Board a certificate granted by the
Western Regional Examining Board which contains a notation that the
applicant has passed, within the 5 years immediately preceding the date
of the application, a clinical examination administered by the Western
Regional Examining Board.
2. The clinical examination given by the Board must include
components that are:
(a) Written or 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 and the regulations of the
Board.
4. All persons who have satisfied the requirements for licensure
as a dental hygienist must be registered as licensed dental hygienists on
the board register, as provided in this chapter, and are entitled to
receive a certificate of registration, signed by all members of the Board.
[Part 7:152:1951]—(NRS A 1967, 866; 1971, 536; 1985, 381; 1991,
330; 1995, 277; 1999, 1655 , 2849 ; 2001, 1611 ; 2003, 520 ; 2005, 284 )
1. Except as otherwise provided in NRS 631.271 and 631.287 ,
the holder of a license or renewal certificate to practice dental hygiene
may practice dental hygiene in this State in the following places:
(a) In the office of any licensed dentist.
(b) In a clinic or in clinics in the public schools of this State
as an employee of the Health Division of the Department of Health and
Human Services.
(c) In a clinic or in clinics in a state institution as an employee
of the institution.
(d) In a clinic established by a hospital approved by the Board as
an employee of the hospital where service is rendered only to patients of
the hospital, and upon the authorization of a member of the dental staff.
(e) In an accredited school of dental hygiene.
(f) In other places if specified in a regulation adopted by the
Board.
2. A dental hygienist may perform only the services which are
authorized by a dentist licensed in the State of Nevada, unless otherwise
provided in a regulation adopted by the Board.
3. Except as otherwise provided in NRS 631.287 or specifically authorized by a regulation
adopted by the Board, a dental hygienist shall not provide services to a
person unless that person is a patient of the dentist who authorized the
performance of those services.
[12:152:1951]—(NRS A 1963, 974; 1971, 536; 1973, 1406; 1981, 1975;
1983, 1113; 1995, 216; 1999, 1656 , 2849 ; 2001, 2693 )
A dentist who
provides a written or oral authorization to a dental hygienist for the
provision of services by that dental hygienist is not required to be
present when those services are provided.
(Added to NRS by 2003, 519 )
1. A licensed dentist may assign to a person in his employ who is
a dental hygienist, dental assistant or other person directly or
indirectly involved in the provision of dental care only such intraoral
tasks as may be permitted by a regulation of the Board or by the
provisions of this chapter.
2. The performance of these tasks must be:
(a) If performed by a dental assistant or a person, other than a
dental hygienist, who is directly or indirectly involved in the provision
of dental care, under the supervision of the licensed dentist who made
the assignment.
(b) If performed by a dental hygienist, authorized by the licensed
dentist of the patient for whom the tasks will be performed, except as
otherwise provided in NRS 631.287 .
3. No such assignment is permitted that requires:
(a) The diagnosis, treatment planning, prescribing of drugs or
medicaments, or authorizing the use of restorative, prosthodontic or
orthodontic appliances.
(b) Surgery on hard or soft tissues within the oral cavity or any
other intraoral procedure that may contribute to or result in an
irremediable alteration of the oral anatomy.
(c) The administration of general anesthesia, conscious sedation or
deep sedation except as otherwise authorized by regulations adopted by
the Board.
(d) The performance of a task outside the authorized scope of
practice of the employee who is being assigned the task.
4. A dental hygienist may, pursuant to regulations adopted by the
Board, administer local anesthesia or nitrous oxide in a health care
facility, as defined in NRS 449.800 , if:
(a) He is so authorized by the licensed dentist of the patient to
whom the local anesthesia or nitrous oxide is administered; and
(b) The health care facility has licensed medical personnel and
necessary emergency supplies and equipment available when the local
anesthesia or nitrous oxide is administered.
(Added to NRS by 1971, 531; A 1981, 1975; 1983, 1114; 1987, 859;
1995, 216; 2001, 2694 )
The Board shall adopt rules or regulations:
1. Specifying the intraoral tasks that may be assigned by a
licensed dentist to a dental hygienist or dental assistant in his employ
or that may be performed by a dental hygienist engaged in school health
activities or employed by a public health agency.
2. Governing the practice of dentists and dental hygienists in
full-time employment with the State of Nevada.
(Added to NRS by 1971, 531)
1. Licenses issued pursuant to NRS 631.271 and 631.275
must be renewed annually. All other licenses must be renewed biennially.
2. Except as otherwise provided in NRS 631.271 and 631.275 :
(a) Each holder of a license to practice dentistry or dental
hygiene must, upon:
(1) Payment of the required fee;
(2) Submission of proof of completion of the required
continuing education; and
(3) Submission of all information required to complete the
renewal,
Ê be granted a renewal certificate which will authorize continuation of
the practice for 2 years.
(b) A licensee must comply with the provisions of this subsection
and subsection 1 on or before June 30. Failure to comply with those
provisions by June 30 every 2 years automatically suspends the license,
and it may be reinstated only upon payment of the fee for reinstatement
and compliance with the requirements of this subsection.
3. If a license suspended pursuant to this section is not
reinstated within 12 months after suspension, it is automatically revoked.
[Part 4:152:1951; A 1953, 363] + [8:152:1951]—(NRS A 1957, 343;
1967, 866; 1981, 1976; 1985, 381; 1997, 2124; 1999, 1656 , 2849 ; 2005, 285 , 2722 , 2807 )
1. The license of a person who does not actively practice in this
State for 1 year automatically reverts to inactive status at the time the
license renewal fee is next payable. If a person whose license has
reverted to inactive status:
(a) Continues to practice actively outside this State, his license
may be reinstated to active status by the Secretary-Treasurer if he pays
the required reinstatement fee and complies with the conditions
prescribed by the regulations of the Board.
(b) Does not continue to practice, his license may be reinstated to
active status only upon the motion of the Board, submission of the
required reinstatement fee and proof of continuing education, and
compliance with the conditions prescribed by the regulations of the Board.
2. A licensee who is disabled and cannot practice, or who is
retired must be issued a license which reflects that status when the fee
to renew his license is next payable. His license may be reinstated to
active status only upon the motion of the Board, submission of the
required reinstatement fee and proof of continuing education, and
compliance with the conditions prescribed by the regulations of the Board.
(Added to NRS by 1981, 1974; A 1985, 381; 1989, 1740; 1995, 277;
1999, 1656 , 2849 )
1. Any person who has obtained from the Board a license
certificate to practice dental hygiene or dentistry or any special branch
of dentistry in this State, and who fails to obtain a renewal
certificate, must, before resuming the practice in which he was licensed,
make application to the Secretary-Treasurer, under such rules as the
Board may prescribe, for the restoration of the license to practice.
2. Upon application being made, the Secretary-Treasurer shall
determine whether the applicant possesses the qualifications prescribed
for the granting of a license to practice in his particular profession,
and whether the applicant continues to possess a good moral character and
is not otherwise disqualified to practice in this State. If the
Secretary-Treasurer so determines, he shall thereupon issue the license,
and thereafter the person may make application annually for a renewal
certificate, as provided in this chapter.
[9:152:1951]—(NRS A 1967, 867; 1981, 1976; 1995, 278)
1. The Board shall adopt regulations concerning continuing
education in dentistry and dental hygiene. The regulations must include:
(a) The number of hours of credit required annually;
(b) The criteria used to accredit each course;
(c) The requirements for submission of proof of attendance at
courses; and
(d) A provision requiring the completion of a course of
instruction, within 2 years after initial licensure, relating to the
medical consequences of an act of terrorism that involves the use of a
weapon of mass destruction. The course must provide at least 4 hours of
instruction that includes instruction in the following subjects:
(1) An overview of acts of terrorism and weapons of mass
destruction;
(2) Personal protective equipment required for acts of
terrorism;
(3) Common symptoms and methods of treatment associated with
exposure to, or injuries caused by, chemical, biological, radioactive and
nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts
of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use
of, the Health Alert Network.
Ê The Board may thereafter determine whether to include in a program of
continuing education additional courses of instruction relating to the
medical consequences of an act of terrorism that involves the use of a
weapon of mass destruction.
2. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in NRS
202.4415 .
(b) “Biological agent” has the meaning ascribed to it in NRS
202.442 .
(c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425
.
(d) “Radioactive agent” has the meaning ascribed to it in NRS
202.4437 .
(e) “Weapon of mass destruction” has the meaning ascribed to it in
NRS 202.4445 .
(Added to NRS by 1985, 379; A 2003, 2956 )
A holder of an inactive license, or the holder of a license
who is retired or disabled, is exempt from the requirement of continuing
education. If the holder of such a license applies to the Board to
reactivate it, he must submit proof of continuing education for the year
in which the license is restored to active status.
(Added to NRS by 1985, 379)
1. The Board shall by regulation establish fees for the
performance of the duties imposed upon it by this chapter which must not
exceed the following amounts:
Application fee for an initial license to practice
dentistry............................ $1,500
Application fee for an initial license to practice dental
hygiene....................... 750
Application fee for a specialist’s license to practice
dentistry......................... 300
Application fee for a limited license or restricted license to practice
dentistry or dental hygiene 300
Application and examination fee for a permit to administer general
anesthesia, conscious sedation or deep sedation. 750
Fee for any reinspection required by the Board to maintain a permit to
administer general anesthesia, conscious sedation or deep
sedation...................................................................
.................................. 500
Biennial renewal fee for a permit to administer general anesthesia,
conscious sedation or deep sedation 600
Fee for the inspection of a facility required by the Board to renew a
permit to administer general anesthesia, conscious sedation or deep
sedation...................................................................
............. 350
Biennial license renewal fee for a general license, specialist’s license,
temporary license or restricted geographical license to practice
dentistry..................................................................
.......................... 1,000
Annual license renewal fee for a limited license or restricted license to
practice dentistry 300
Biennial license renewal fee for a general license, temporary license or
restricted geographical license to practice dental
hygiene....................................................................
........................................... 600
Annual license renewal fee for a limited license to practice dental
hygiene... 300
Biennial license renewal fee for an inactive
dentist............................................ 400
Biennial license renewal fee for a retired or disabled
dentist............................ 100
Biennial license renewal fee for an inactive dental
hygienist............................ 200
Biennial license renewal fee for a retired or disabled dental
hygienist............ 100
Reinstatement fee for a suspended license to practice dentistry or dental
hygiene 500
Reinstatement fee for a revoked license to practice dentistry or dental
hygiene 500
Reinstatement fee to return an inactive, retired or disabled dentist or
dental hygienist to active status 500
Fee for the certification of a
license....................................................................
.... 50
2. Except as otherwise provided in this subsection, the Board
shall charge a fee to review a course of continuing education for
accreditation. The fee must not exceed $150 per credit hour of the
proposed course. The Board shall not charge a nonprofit organization or
an agency of the State or of a political subdivision of the State a fee
to review a course of continuing education.
3. All fees prescribed in this section are payable in advance and
must not be refunded.
[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343; 1967, 865; 1971,
533; 1981, 1974; 1983, 278; 1985, 382; 1987, 859; 1989, 1740; 1993, 2743;
1999, 1657 , 2849 ; 2005, 285 )
UNPROFESSIONAL CONDUCT
The following acts, among others,
constitute unprofessional conduct:
1. Employing, directly or indirectly, any student or any suspended
or unlicensed dentist or dental hygienist to perform operations of any
kind to treat or correct the teeth or jaws, except as provided in this
chapter;
2. Except as otherwise provided in NRS 631.287 , giving a public demonstration of methods of
practice any place other than the office where the licensee is known to
be regularly engaged in this practice;
3. Employing, procuring, inducing, aiding or abetting a person not
licensed or registered as a dentist to engage in the practice of
dentistry, but a patient shall not be deemed to be an accomplice,
employer, procurer, inducer, aider or abettor;
4. For a dental hygienist, practicing in any place not authorized
pursuant to this chapter; or
5. Practicing while his license is suspended or without a renewal
certificate.
(Added to NRS by 1983, 1106; A 2001, 2694 )
The following acts, among others, constitute unprofessional
conduct:
1. Dividing fees or agreeing to divide fees received for services
with any person for bringing or referring a patient, without the
knowledge of the patient or his legal representative, but licensed
dentists are not prohibited from:
(a) Practicing in a partnership and sharing professional fees;
(b) Employing another licensed dentist or dental hygienist; or
(c) Rendering services as a member of a nonprofit professional
service corporation.
2. Associating with or lending his name to any person engaged in
the illegal practice of dentistry or associating with any person, firm or
corporation holding himself or itself out in any manner contrary to the
provisions of this chapter.
3. Associating with or being employed by a person not licensed
pursuant to this chapter if that person exercises control over the
services offered by the dentist, owns all or part of the dentist’s
practice or receives or shares the fees received by the dentist. The
provisions of this subsection do not apply to a dentist who associates
with or is employed by a person who owns or controls a dental practice
pursuant to NRS 631.385 .
4. Using the name “clinic,” “institute,” “referral services” or
other title or designation that may suggest a public or semipublic
activity.
5. Practicing under the name of a dentist who has not been in
active practice for more than 1 year.
(Added to NRS by 1983, 1107; A 1987, 1041)
Participating in any plan or
practice in which patients are required to select a dentist from a
preselected group constitutes unprofessional conduct unless those
patients are also offered a plan which provides them with a reasonable
opportunity to select a dentist of their own choice. The Board may not
revoke the license of a person who participates in such a plan or
practice but may take any other action authorized in this chapter
regarding unprofessional conduct.
(Added to NRS by 1983, 1107)
The following acts, among others,
constitute unprofessional conduct:
1. Malpractice;
2. Professional incompetence;
3. Suspension or revocation of his license to practice dentistry,
the imposition of a fine or other disciplinary action by any agency of
another state authorized to regulate the practice of dentistry in that
state;
4. More than one act by the dentist or dental hygienist
constituting substandard care in the practice of dentistry or dental
hygiene;
5. Administering, dispensing or prescribing any controlled
substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s
patient;
6. Chronic or persistent inebriety or addiction to a controlled
substance, to such an extent as to render him unsafe or unreliable as a
practitioner, or such gross immorality as tends to bring reproach upon
the dental profession;
7. Conviction of a felony or misdemeanor involving moral turpitude
or which relates to the practice of dentistry in this State, or
conviction of any criminal violation of this chapter; or
8. Conviction of violating any of the provisions of NRS 616D.200
, 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
(Added to NRS by 1983, 1107; A 1987, 1556; 1993, 784)
The
following acts, among others, constitute unprofessional conduct:
1. Publishing or circulating, directly or indirectly, any
fraudulent, false or misleading statement concerning the skill or method
of practice of any dentist;
2. Using advertising which is false or misleading;
3. Claiming or inferring professional superiority over neighboring
practitioners;
4. Using fraud or misrepresentation to secure a license;
5. Practicing under a name, other than a lawfully assumed or
fictitious name, that is false or misleading;
6. Submitting a false or fraudulent claim for payment to an
insurer for dental services rendered; or
7. Failing repeatedly to advise an insurer that the dentist has
forgiven the patient’s share of the payment to the dentist under a policy
of insurance. This failure to notify an insurer includes forgiving one
patient’s debts more than once and forgiving the debt of different
patients with different insurers on a regular basis.
(Added to NRS by 1983, 1108)
The following acts, among others, constitute
unprofessional conduct:
1. Willful or repeated violations of the provisions of this
chapter;
2. Willful or repeated violations of the regulations of the State
Board of Health, the State Board of Pharmacy or the Board of Dental
Examiners of Nevada;
3. Failure to pay the fees for a license; or
4. Failure to make the health care records of a patient available
for inspection and copying as provided in NRS 629.061 .
(Added to NRS by 1983, 1108; A 1987, 801, 1041)
[Expires by limitation 2 years after the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license to practice dentistry or dental hygiene, the Board shall deem the
license issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued unless the Board
receives a letter issued to the holder of the license by the district
attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Board shall reinstate a license to practice dentistry or
dental hygiene that has been suspended by a district court pursuant to
NRS 425.540 if:
(a) The Board receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 ; and
(b) The person whose license was suspended pays the fee imposed
pursuant to NRS 631.345 for the
reinstatement of a suspended license.
(Added to NRS by 1997, 2123; A 2005, 2807 )
The acts described in NRS 631.346 to 631.3485 , inclusive, must not be construed as a
complete list of dishonorable or unprofessional conduct, or as
authorizing or permitting the performance of other and similar acts, or
as limiting or restricting the Board from holding that other or similar
acts constitute unprofessional or dishonorable conduct.
(Added to NRS by 1983, 1108)
DISCIPLINARY ACTION
1. Except as otherwise provided in NRS 631.271 and 631.347 ,
the Board may:
(a) Refuse to issue a license to any person;
(b) Revoke or suspend the license or renewal certificate issued by
it to any person;
(c) Fine a person it has licensed;
(d) Place a person on probation for a specified period on any
conditions the Board may order;
(e) Issue a public reprimand to a person;
(f) Limit a person’s practice to certain branches of dentistry;
(g) Require a person to participate in a program to correct alcohol
or drug abuse or any other impairment;
(h) Require that a person’s practice be supervised;
(i) Require a person to perform community service without
compensation;
(j) Require a person to take a physical or mental examination or an
examination of his competence;
(k) Require a person to fulfill certain training or educational
requirements;
(l) Require a person to reimburse a patient; or
(m) Any combination thereof,
Ê upon submission of substantial evidence to the Board that the person
has engaged in any of the activities listed in subsection 2.
2. The following activities may be punished as provided in
subsection 1:
(a) Engaging in the illegal practice of dentistry or dental hygiene;
(b) Engaging in unprofessional conduct; or
(c) Violating any regulations adopted by the Board or the
provisions of this chapter.
3. The Board may delegate to a hearing officer or panel its
authority to take any disciplinary action pursuant to this chapter,
impose and collect fines therefor and deposit the money therefrom in
banks, credit unions or savings and loan associations in this State.
4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation,
or both.
5. The Board shall not administer a private reprimand.
6. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
[10:152:1951]—(NRS A 1981, 1976; 1983, 1114, 1535, 1546, 1547;
1987, 860; 1999, 1531 , 1658 , 2849 ; 2001, 91 ; 2001 Special Session, 154 ; 2003, 3438 ; 2005, 287 )
1. Any disciplinary action taken by a hearing officer or panel
pursuant to NRS 631.350 is subject to
the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has those powers and duties
given to the Board in relation thereto.
2. Any decision of the hearing officer or panel relating to the
imposition of any disciplinary action pursuant to this chapter is a final
decision in a contested case.
(Added to NRS by 1983, 1535; A 1987, 861)
1. The Board may, upon its own motion, and shall, upon the
verified complaint in writing of any person setting forth facts which, if
proven, would constitute grounds for refusal, suspension or revocation of
a license or certificate under this chapter, investigate the actions of
any person holding a certificate.
2. The Board shall, before refusing to issue, or before suspending
or revoking any certificate, at least 10 days before the date set for the
hearing, notify in writing the applicant or the holder of the certificate
of any charges made. The notice may be served by delivery of it
personally to the accused person or by mailing it by registered or
certified mail to the place of business last specified by the accused
person, as registered with the Board.
3. At the time and place fixed in the notice, the Board shall
proceed to hear the charges. If the Board receives a report pursuant to
subsection 5 of NRS 228.420 , a hearing
must be held within 30 days after receiving the report.
4. The Board may compel the attendance of witnesses or the
production of documents or objects by subpoena. Any person who is
subpoenaed by the Board may request the Board to modify the terms of the
subpoena or grant additional time for compliance.
5. The Board may obtain a search warrant from a magistrate upon a
showing that the warrant is needed for an investigation or hearing being
conducted by the Board and that reasonable cause exists to issue the
warrant.
6. If the Board is not sitting at the time and place fixed in the
notice, or at the time and place to which the hearing has been continued,
the Board shall continue the hearing for a period not to exceed 30 days.
[Part 11:152:1951]—(NRS A 1969, 95; 1981, 99; 1983, 1114; 1993, 784)
1. The Board may appoint one of its members and any of its
employees, investigators or other agents to conduct an investigation and
informal hearing concerning any practice by a person constituting a
violation of the provisions of this chapter or the regulations of the
Board.
2. The investigator designated by the Board to conduct a hearing
shall notify the person being investigated at least 10 days before the
date set for the hearing. The notice must describe the reasons for the
investigation and must be served personally on the person being
investigated or by mailing it by registered or certified mail to his last
known address.
3. If, after the hearing, the investigator determines that the
Board should take further action concerning the matter, he shall prepare
written findings of fact and conclusions and submit them to the Board. A
copy of his report must be sent to the person being investigated.
4. If the Board, after receiving the report of its investigator
pursuant to this section, holds its own hearing on the matter pursuant to
NRS 631.360 , it may consider the
investigator’s report but is not bound by his findings or conclusions.
The investigator shall not participate in the hearing conducted by the
Board.
5. If the person who was investigated agrees in writing to the
findings and conclusions of the investigator, the Board may adopt that
report as its final order and take such action as is necessary without
conducting its own hearing on the matter.
(Added to NRS by 1983, 1108)
1. The district court for the county in which any investigation or
hearing is being conducted by the Board may compel the attendance of
witnesses, the giving of testimony and the production of books and papers
as required by any subpoena issued by the Board.
2. If any witness refuses to attend or testify or produce any
papers required by a subpoena, the Board may so report to the district
court for the county in which the investigation or hearing is pending by
petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter;
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Board in the investigation or
hearing named in the subpoena, or has refused to answer questions
propounded to him in the course of the investigation or hearing;
(d) That the subpoena identified specifically any documents or the
subject of any testimony required;
(e) That the documents or testimony were relevant to the
allegations being investigated or heard; and
(f) That no reasonable cause exists for the failure or refusal to
comply with the subpoena,
Ê and requesting an order of the court compelling the witness to attend
and testify or produce the books or papers before the Board.
3. The court, upon petition of the Board, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in its order, not more than 10 days after the
service of the order, and show cause why he has not attended or testified
or produced the books or papers before the Board. A certified copy of the
order must be served upon the witness. If it appears to the court that
the subpoena was regularly issued by the Board and there is no reasonable
cause for the refusal or failure to comply, the court shall thereupon
enter an order that the witness appear before the Board at the time and
place fixed in the order and testify or produce the required books or
papers, and upon failure to obey the order the witness must be dealt with
as if in contempt of court.
4. The court may consider, in determining whether reasonable cause
existed for the witness’ refusal or failure to comply with the subpoena,
such factors as:
(a) The burden or cost of compliance, financial or otherwise, to
the witness;
(b) The time allowed for compliance;
(c) The extent of the information requested in relation to the
nature of the underlying charge; and
(d) The extent of the statistical information necessary to
investigate the charge adequately.
(Added to NRS by 1983, 1109)
1. Except as otherwise provided in this section, any records or
information obtained during the course of an investigation by the Board
and any record of the investigation are confidential.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
3. The Board may provide any record or information described in
subsection 1 to any other licensing board or agency or any agency which
is investigating a person licensed pursuant to this chapter, including a
law enforcement agency.
(Added to NRS by 1993, 2742; A 2003, 3439 )
MISCELLANEOUS PROVISIONS
D.” or other appropriate
abbreviation by certain dentists who hold degree as doctor of medicine.
A dentist licensed pursuant to this chapter who holds a degree as a
doctor of medicine and is not licensed as a physician pursuant to chapter
630 of NRS may identify himself as a doctor
of medicine and use the letters “M.D.” or any other appropriate
abbreviation if the dentist clearly identifies himself as a practitioner
of dentistry.
(Added to NRS by 2003, 438 )
All artificial teeth, dentures or other
removable dental appliances, at the time they are manufactured or sent to
a laboratory for repair, must be identified with the name or social
security number of the owner by:
1. Embedding the name or number in the material of the appliance;
2. Adding the name or number with an adhesive; or
3. Marking the appliance in any manner consistent with advances in
technology and approved by the Board.
(Added to NRS by 1987, 2222)
1. Any person who furnishes information to the Board concerning a
licensee or an applicant for licensure, in good faith and without
malicious intent, is immune from any civil action for furnishing that
information.
2. The Board, any member, employee or committee of the Board,
counsel, investigator, expert, hearing officer, licensee or other person
who assists the Board in the investigation or prosecution of an alleged
violation of a provision of this chapter, a proceeding concerning
licensure or reissuance of a license or a criminal prosecution is immune
from any civil liability for:
(a) Any decision or action taken in good faith and without
malicious intent in response to information acquired by the Board.
(b) Disseminating information concerning a licensee or an applicant
for licensure to any member of the public, other licensing board,
national association of registered boards, an agency of the Federal
Government or of the State, the Attorney General or any law enforcement
agency.
3. A defendant who is the prevailing party in a civil action
brought pursuant to subsection 2 may recover the attorney’s fees and
costs incurred in defending the action.
(Added to NRS by 2001, 907 )
All licenses and renewal certificates
heretofore issued by the Board and in force on March 20, 1951, shall
remain in force subject to the provisions of this chapter, and shall
entitle the holders to practice their profession as therein designated.
[14:152:1951]
A surviving member of a dentist’s family may own all
or part of or control that dentist’s practice after his death, share in
the fees received therefrom and control or attempt to control the
services offered without being licensed pursuant to this chapter for no
more than 2 years after the dentist’s death.
(Added to NRS by 1983, 1108)
Except as otherwise
provided in subsection 2 of NRS 631.317 , this chapter does not apply to:
1. A legally qualified physician or surgeon unless he practices
dentistry as a specialty.
2. A dentist or dental hygienist of the United States Army, Navy,
Air Force, Public Health Service, Coast Guard or Department of Veterans
Affairs in the discharge of his official duty.
[13:152:1951]—(NRS A 1971, 537; 1987, 861; 1995, 1097)
UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF
A
person is guilty of the illegal practice of dentistry or dental hygiene
who:
1. Sells or barters, or offers to sell or barter, any diploma or
document conferring or purporting to confer any dental degree, or any
certificate or transcript made or purporting to be made pursuant to the
laws regulating the licensing and registration of dentists or dental
hygienists;
2. Purchases or procures by barter any such diploma, certificate
or transcript, with the intent that it be used as evidence of the
holder’s qualifications to practice dentistry, or in fraud of the laws
regulating that practice;
3. With fraudulent intent, alters in a material regard any such
diploma, certificate or transcript;
4. Uses or attempts to use any diploma, certificate or transcript,
which has been purchased, fraudulently issued, counterfeited or
materially altered, either as a license or color of license to practice
dentistry, or in order to procure registration as a dentist or a dental
hygienist;
5. Practices dentistry under a false or assumed name;
6. Assumes the degree of “Doctor of Dental Surgery” or “Doctor of
Dental Medicine” or appends the letters “D.D.S.” or “D.M.D.” or “R.D.H.”
to his name, not having conferred upon him, by diploma from an accredited
dental or dental hygiene college or school legally empowered to confer
the title, the right to assume the title; or assumes any title or appends
any letters to his name with the intent to represent falsely that he has
received a dental degree or license;
7. Willfully makes, as an applicant for examination, license or
registration under this chapter, a false statement in a material regard
in an affidavit required by this chapter;
8. Within 10 days after a demand is made by the
Secretary-Treasurer, fails to furnish to the Board the names and
addresses of all persons practicing or assisting in the practice of
dentistry in the office of the person at any time within 60 days before
the notice, together with a sworn statement showing under and by what
license or authority the person and his employee are and have been
practicing dentistry, but the affidavit must not be used as evidence
against the person in any proceeding under this chapter;
9. Except as otherwise provided in NRS 629.091 , practices dentistry or dental hygiene in this
State without a license;
10. Except as otherwise provided in NRS 631.385 , owns or controls a dental practice, shares in
the fees received by a dentist or controls or attempts to control the
services offered by a dentist if the person is not himself licensed
pursuant to this chapter; or
11. Aids or abets another in violating any of the provisions of
this chapter.
[Part 2:152:1951]—(NRS A 1971, 531; 1981, 1970; 1983, 1110; 1995,
278, 750)
1. A person who engages in the illegal practice of dentistry in
this State, or who practices or offers to practice dental hygiene in this
State without a license, or who, having a license, practices dental
hygiene in a manner or place not permitted by the provisions of this
chapter:
(a) If it is his first or second offense, is guilty of a gross
misdemeanor.
(b) If it is his third or subsequent offense, is guilty of a
category D felony and shall be punished as provided in NRS 193.130 .
2. The Board may assign such a person specific duties as a
condition of renewing his license.
3. Whenever a person has engaged or is about to engage in any acts
or practices which constitute or will constitute an offense against this
chapter, the district court of any county, on application of the Board,
may issue an injunction or other appropriate order restraining the
conduct. Proceedings under this subsection are governed by Rule 65 of the
Nevada Rules of Civil Procedure, except that no bond or undertaking is
required in any action commenced by the Board.
[3:152:1951]—(NRS A 1957, 343; 1981, 1977; 1983, 1115, 1535, 1547;
1995, 1310)
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