2005 Nevada Revised Statutes - Chapter 631 — Dentistry and Dental Hygiene

CHAPTER 631 - DENTISTRY AND DENTAL HYGIENE

GENERAL PROVISIONS

NRS 631.005 Definitions.

NRS 631.015 Accrediteddefined.

NRS 631.020 Boarddefined.

NRS 631.025 Conscioussedation defined.

NRS 631.027 Deepsedation defined.

NRS 631.030 Dentalhygiene defined.

NRS 631.040 Dentalhygienist defined.

NRS 631.055 Generalanesthesia defined.

NRS 631.070 Licensedefined.

NRS 631.075 Malpracticedefined.

NRS 631.095 Professionalincompetence defined.

NRS 631.100 Renewalcertificate defined.

NRS 631.105 Supervisionby a dentist defined.

BOARD OF DENTAL EXAMINERS OF NEVADA

NRS 631.120 Creation;membership.

NRS 631.130 Qualificationsof members; restrictions on participation in examinations.

NRS 631.140 Appointmentof members from particular areas of State.

NRS 631.150 Groundsfor removal of member from office.

NRS 631.160 Officersand Executive Director.

NRS 631.170 Examinationof applicants; meetings; quorum.

NRS 631.175 Liabilityof person retained by Board to judge qualifications of applicant for licensure.

NRS 631.180 Compensationof members and employees; deposit and expenditure of fees.

NRS 631.190 Powersand duties.

NRS 631.195 Fiscalyear.

COMMITTEE ON DENTAL HYGIENE

NRS 631.205 Creation;membership; powers and duties.

LICENSING

NRS 631.215 Personsdeemed to be practicing dentistry.

NRS 631.220 Filingof application for license.

NRS 631.225 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 631.225 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 631.230 Eligibilityof applicant for examination.

NRS 631.240 Examination;issuance of certificate of registration.

NRS 631.250 Issuanceof specialists license to dentist licensed in this State.

NRS 631.255 Issuanceof specialists license to person licensed in another state.

NRS 631.260 Issuanceof licenses.

NRS 631.265 Permitto administer general anesthesia, conscious sedation or deep sedation.

NRS 631.267 Authorizationto perform physical evaluation and compile medical history of patient beforehospital admission; hospital prohibited from refusing to accept; qualifieddentist defined.

NRS 631.271 Limitedlicense to practice dentistry or dental hygiene.

NRS 631.272 Temporarylicense to practice dentistry.

NRS 631.273 Temporarylicense to practice dental hygiene.

NRS 631.274 Restrictedgeographical license to practice dentistry or dental hygiene.

NRS 631.275 Restrictedlicense to practice dentistry at facility that provides dental services topersons of low income.

NRS 631.280 Failureof examination; limitation on reexamination.

NRS 631.287 Dentalhygienists: Special endorsement of license to practice public health dentalhygiene.

NRS 631.290 Dentalhygienists: Eligibility to apply for license.

NRS 631.300 Dentalhygienists: Examination; issuance of certificate of registration.

NRS 631.310 Dentalhygienists: Places of practice; supervision; provision of services.

NRS 631.311 Dentistnot required to be present when dental hygienist provides services authorizedby dentist.

NRS 631.313 Assignmentof dental hygienist or dental assistant to perform intraoral tasks undersupervision of dentist; exception; administration of local anesthesia ornitrous oxide by dental hygienist.

NRS 631.317 Regulationsconcerning intraoral tasks and other practices.

NRS 631.330 Renewalof license: Requirements; issuance of renewal certificate.

NRS 631.335 Inactivestatus of license.

NRS 631.340 Restorationof license.

NRS 631.342 Regulationsconcerning continuing education.

NRS 631.343 Personsexempt from requirement of continuing education.

NRS 631.345 Fees.

UNPROFESSIONAL CONDUCT

NRS 631.346 Employmentof unlicensed person; public demonstrations; aiding in unlicensed practice;dental hygienist practicing in unauthorized place; practice with licensesuspended or without renewal certificate.

NRS 631.3465 Feefor referral; association with person engaged in illegal practice or withunlicensed person; use of name clinic, institute or referral services;practice under name of retired dentist.

NRS 631.347 Participationin plan requiring patients to select dentist from preselected group unless planfor personal selection offered; authorized disciplinary action.

NRS 631.3475 Malpractice;professional incompetence; disciplinary action in another state; substandardcare; administration of controlled substance or dangerous drug; inebriety oraddiction; gross immorality; conviction of certain crimes.

NRS 631.348 Misleadingstatements; false advertising; fraud in securing license; practice undermisleading name; submitting fraudulent claim to insurer; failure to notifyinsurer of forgiven debt.

NRS 631.3485 Violationof chapter or regulations; failure to pay fee for license.

NRS 631.3487 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 631.349 Examplesof unprofessional conduct not complete list or authorization of other acts;Board may hold similar acts unprofessional conduct.

DISCIPLINARY ACTION

NRS 631.350 Disciplinarypowers of Board; grounds; delegation of authority to take disciplinary action;deposit of fines; claim for attorneys fees and costs of investigation; privatereprimands prohibited; orders imposing discipline deemed public records.

NRS 631.355 Actionby hearing officer or panel: Procedural requirements; powers and duties ofofficer or panel.

NRS 631.360 Investigation,notice and hearing; subpoena; search warrant.

NRS 631.363 Appointmentof member or agent to conduct investigation and hearing; notice of hearing;report; hearing by Board.

NRS 631.366 Enforcementof subpoena by district court.

NRS 631.368 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; dissemination of records to otheragencies.

MISCELLANEOUS PROVISIONS

NRS 631.371 Useof letters M.D. or other appropriate abbreviation by certain dentists whohold degree as doctor of medicine.

NRS 631.375 Identificationof removable dental appliances by name or social security number.

NRS 631.378 Immunityfrom civil liability for furnishing information to Board or otherwise assistingin investigation or prosecution; recovery of attorneys fees and costs.

NRS 631.380 Validityof license or renewal certificate issued on or before March 20, 1951.

NRS 631.385 Ownershipor control of practice without license after death of dentist.

NRS 631.390 Applicabilityof chapter.

UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF

NRS 631.395 Actsconstituting illegal practice of dentistry.

NRS 631.400 Penalties;injunctive relief.

_________

GENERAL PROVISIONS

NRS 631.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS631.015 to 631.105, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1983, 1106; A 1987, 857; 1989, 1739;2001, 2692)

NRS 631.015 Accrediteddefined. Accredited means approved by theCommission on Dental Accreditation of the American Dental Association or its successororganization.

(Added to NRS by 1971, 530; A 1983, 1110; 1985, 379)

NRS 631.020 Boarddefined. Board means the Board of Dental Examinersof Nevada.

[Part 2:152:1951](NRS A 1983, 1110)

NRS 631.025 Conscioussedation defined. Conscious sedation meansa minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologicmethod or a combination thereof, in which the patient retains the abilityindependently and continuously to maintain an airway and to respondappropriately to physical stimulation and verbal commands.

(Added to NRS by 2001, 2691)

NRS 631.027 Deepsedation defined. Deep sedation means a controlledstate of depressed consciousness, produced by a pharmacologic or nonpharmacologicmethod or a combination thereof, and accompanied by a partial loss ofprotective reflexes and the inability to respond purposefully to verbalcommands.

(Added to NRS by 2001, 2691)

NRS 631.030 Dentalhygiene defined. Dental hygiene means theperformance of educational, preventive and therapeutic periodontal treatmentincluding scaling, curettage and planing of roots and any related and requiredintraoral or extraoral procedures that a dentist is authorized to assign to adental hygienist.

[Part 2:152:1951](NRS A 1971, 531; 1981, 1969; 1983,1110; 2003, 519)

NRS 631.040 Dentalhygienist defined. Dental hygienist meansany person who practices the profession of dental hygiene and is licensedpursuant to this chapter.

[Part 2:152:1951](NRS A 1983, 1110; 2003, 519)

NRS 631.055 Generalanesthesia defined. General anesthesiameans a controlled state of unconsciousness, produced by a pharmacologic ornonpharmacologic method or a combination thereof, and accompanied by partial orcomplete loss of protective reflexes and the inability independently tomaintain an airway and respond purposefully to physical stimulation or verbalcommands.

(Added to NRS by 1989, 1739)

NRS 631.070 Licensedefined. License means a certificate issuedby the Board to any applicant upon completion of requirements for admission topractice either dental hygiene or dentistry, or any of the special branches ofdentistry, as provided by the license.

[Part 2:152:1951](NRS A 1983, 1111)

NRS 631.075 Malpracticedefined. Malpractice means failure on thepart of a dentist to exercise the degree of care, diligence and skillordinarily exercised by dentists in good standing in the community in which hepractices. As used in this section, community means the entire areacustomarily served by dentists among whom a patient may reasonably choose, notmerely the particular area inhabited by the patients of that individual dentistor the particular city or place where he has his office.

(Added to NRS by 1983, 1106)

NRS 631.095 Professionalincompetence defined. Professional incompetencemeans lack of ability safely and skillfully to practice dentistry, or to practiceone or more specified branches of dentistry, arising from:

1. Lack of knowledge or training;

2. Impaired physical or mental capability of thedentist;

3. Indulgence in the use of alcohol or any controlledsubstance; or

4. Any other sole or contributing cause.

(Added to NRS by 1983, 1106)

NRS 631.100 Renewalcertificate defined. Renewal certificatemeans the certificate of renewal of a license issued by the Board.

[Part 2:152:1951](NRS A 1967, 865; 1981, 1972; 1983,1112)

NRS 631.105 Supervisionby a dentist defined. Supervision by a dentistmeans that a dentist is:

1. Physically present in the office where theprocedures to be supervised are being performed, while these procedures arebeing performed; and

2. Capable of responding immediately if any emergencyshould arise.

(Added to NRS by 1987, 857)

BOARD OF DENTAL EXAMINERS OF NEVADA

NRS 631.120 Creation;membership. The Board of Dental Examiners ofNevada, 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)

NRS 631.130 Qualificationsof members; restrictions on participation in examinations.

1. The Governor shall appoint:

(a) Six members who are graduates of accredited dentalschools or colleges, are residents of Nevada and have ethically engaged in thepractice of dentistry in Nevada for a period of at least 5 years.

(b) One member who has resided in Nevada for at least 5years and who represents the interests of persons or agencies that regularlyprovide health care to patients who are indigent, uninsured or unable to affordhealth care. This member may be licensed under the provisions of this chapter.

(c) Three members who:

(1) Are graduates of accredited schools orcolleges of dental hygiene;

(2) Are residents of Nevada; and

(3) Have been actively engaged in the practiceof dental hygiene in Nevada for a period of at least 5 years before theirappointment to the Board.

(d) One member who is a representative of the generalpublic. 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 onall matters but may not participate in grading any clinical examinationsrequired by NRS 631.240 for thelicensing of dentists.

3. If a member is not licensed under the provisions ofthis chapter, the member shall not participate in grading any examinationrequired 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)

NRS 631.140 Appointmentof members from particular areas of State.

1. The six members of the Board who are dentists, themember of the Board who represents the interests of persons or agencies thatregularly provide health care to patients who are indigent, uninsured or unableto afford health care, and the member of the Board who is a representative ofthe 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 theState.

2. The threemembers of the Board who are dental hygienists must be appointed from areas ofthe State as follows:

(a) One ofthose members must be from Carson City, Douglas County or Washoe County.

(b) One ofthose members must be from Clark County.

(c) One of those members may be from any county of theState.

[Part 4:152:1951; A 1953, 363](NRS A 1957, 343;1971, 533; 1977, 1251; 1979, 87; 1981, 1973; 2003, 520, 1191)

NRS 631.150 Groundsfor removal of member from office. TheGovernor shall remove from office any member of the Board for:

1. Continued neglect of duty.

2. Incompetency.

3. Dishonorable or unprofessional conduct as definedin this chapter.

[Part 4:152:1951; A 1953, 363]

NRS 631.160 Officersand Executive Director.

1. At the first regular meeting of each year, theBoard shall elect from its membership one of its members as President and oneof its members as Secretary-Treasurer, each of whom shall hold office for 1year 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 suchcompensation as determined by the Board, and the Board shall fix the amount of thebond to be furnished by the Secretary-Treasurer and the Executive Director.

[Part 4:152:1951; A 1953, 363](NRS A 1995, 275)

NRS 631.170 Examinationof applicants; meetings; quorum.

1. The Board shall meet at least once annually toexamine applicants. The dates of the examinations must be fixed by the Board.The Board may conduct examinations outside of this State, and for this purposemay use the facilities of dental colleges, but all examinations must beconducted by members of the Board or examiners appointed by the Board.

2. The Board may also meet at such other times andplaces and for such other purposes as it may deem proper.

3. A quorum consists of five members who are dentistsand 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)

NRS 631.175 Liabilityof person retained by Board to judge qualifications of applicant for licensure. The liability of any person retained as an independentcontractor by the Board to judge the qualifications of an applicant forlicensure 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)

NRS 631.180 Compensationof members and employees; deposit and expenditure of fees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employeeof the Board is entitled to receive a per diem allowance and travel expenses ata rate fixed by the Board. The rate must not exceed the rate provided for stateofficers and employees generally.

3. The Board shall deposit in banks, credit unions orsavings and loan associations in this State all fees which it receives.

4. All expenses of the Board must be paid from thefees received by the Board, and no part thereof may be paid from the StateGeneral Fund.

[Part 4:152:1951; A 1953, 363](NRS A 1963, 149;1975, 303; 1981, 1973; 1985, 444; 1989, 1697; 1999, 1531)

NRS 631.190 Powersand duties. In addition to the powers andduties provided in this chapter, the Board shall:

1. Adopt rules and regulations necessary to carry outthe provisions of this chapter.

2. Appoint such committees, examiners, officers,employees, agents, attorneys, investigators and other professional consultantsand define their duties and incur such expense as it may deem proper ornecessary to carry out the provisions of this chapter, the expense to be paidas provided in this chapter.

3. Fix the time and place for and conduct examinationsfor the granting of licenses to practice dentistry and dental hygiene.

4. Examine applicants for licenses to practicedentistry and dental hygiene.

5. Collect and apply fees as provided in this chapter.

6. Keep a register of all dentists and dentalhygienists licensed in this State, together with their addresses, licensenumbers and renewal certificate numbers.

7. Have and use a common seal.

8. Keep such records as may be necessary to report theacts and proceedings of the Board. Except as otherwise provided in NRS 631.368, the records must be open topublic inspection.

9. Maintain offices in as many localities in the Stateas it finds necessary to carry out the provisions of this chapter.

10. Have discretion to examine work authorizations indental offices or dental laboratories.

[Part 4:152:1951; A 1953, 363](NRS A 1963, 150;1967, 865; 1993, 2743)

NRS 631.195 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 149)

COMMITTEE ON DENTAL HYGIENE

NRS 631.205 Creation;membership; powers and duties.

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 whohas supervised a dental hygienist for at least 3 years immediately precedinghis 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 tothe Committee.

(Added to NRS by 2003, 519)

LICENSING

NRS 631.215 Personsdeemed to be practicing dentistry.

1. Any person shall be deemed to be practicingdentistry who:

(a) Uses words or any letters or title in connectionwith his name which in any way represents him as engaged in the practice ofdentistry, or any branch thereof;

(b) Advertises or permits to be advertised by anymedium that he can or will attempt to perform dental operations of any kind;

(c) Diagnoses, professes to diagnose or treats orprofesses 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 insuch activities without being a licensed dentist;

(g) Examines a person for, or supplies artificial teethas substitutes for natural teeth;

(h) Places in the mouth and adjusts or altersartificial teeth;

(i) Does any practice included in the clinical dentalcurricula of accredited dental colleges or a residency program for thosecolleges;

(j) Administers or prescribes such remedies, medicinalor otherwise, as are needed in the treatment of dental or oral diseases;

(k) Uses X-ray radiation or laser radiation for dentaltreatment or dental diagnostic purposes, unless the person is authorized by theregulations of the Board to engage in such activities without being a licenseddentist;

(l) Determines:

(1) Whether a particular treatment is necessaryor advisable; or

(2) Which particular treatment is necessary oradvisable; or

(m) Dispenses tooth whitening agents or undertakes towhiten or bleach teeth by any means or method, unless the person is:

(1) Dispensing or using a product that may bepurchased over the counter for a persons own use; or

(2) Authorized by the regulations of the Boardto engage in such activities without being a licensed dentist.

2. Nothing in this section:

(a) Prevents a dental assistant, dental hygienist orqualified technician from making radiograms or X-ray exposures or using X-rayradiation or laser radiation for dental treatment or dental diagnostic purposesupon the direction of a licensed dentist.

(b) Prohibits the performance of mechanical work, oninanimate objects only, by any person employed in or operating a dentallaboratory upon the written work authorization of a licensed dentist.

(c) Prevents students from performing dental proceduresthat are part of the curricula of an accredited dental school or college or anaccredited school of dental hygiene or an accredited school of dentalassisting.

(d) Prevents a licensed dentist or dental hygienistfrom another state or country from appearing as a clinician for demonstrating certainmethods of technical procedures before a dental society or organization,convention or dental college or an accredited school of dental hygiene or anaccredited school of dental assisting.

(e) Prohibits the manufacturing of artificial teethupon receipt of a written authorization from a licensed dentist if themanufacturing 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)

NRS 631.220 Filingof application for license.

1. Every applicant for a license to practice dentalhygiene or dentistry, or any of its special branches, shall:

(a) File an application with the Board 45 days beforethe date on which the examination is to be given.

(b) Accompany the application with a recent photographof himself together with the required examination fee and such otherdocumentation as the Board may require by regulation.

(c) Submit with the application a complete set offingerprints and written permission authorizing the Board to forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report.

2. An application must include all information requiredto complete the application.

[Part 5:152:1951](NRS A 1967, 865; 1987, 858; 1989,1739; 1995, 276; 1997, 2124; 2003, 2860; 2005, 2717, 2807)

NRS 631.225 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license topractice dentistry or dental hygiene shall include the social security numberof the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice dentistry or dental hygiene shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 hygienemay not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2123; A 2005, 2717, 2807)

NRS 631.225 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practicedentistry or dental hygiene shall submit to the Board the statement prescribedby the Division of Welfare and Supportive Services of the Department of Healthand Human Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 hygienemay not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2123; A 2005, 2717, 2718, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 631.230 Eligibilityof applicant for examination.

1. Any person is eligible to apply for a license topractice 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 lawfullyentitled to remain and work in the United States;

(c) Is a graduate of an accredited dental school orcollege; and

(d) Is of good moral character.

2. To determine whether a person has good moralcharacter, the Board may consider whether his license to practice dentistry inanother state has been suspended or revoked or whether he is currently involvedin 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)

NRS 631.240 Examination;issuance of certificate of registration.

1. Any person desiring to obtain a license to practicedentistry in this State, after having complied with the regulations of theBoard to determine eligibility:

(a) Must present to the Board a certificate granted bythe Joint Commission on National Dental Examinations which contains a notationthat the applicant has passed the National Board Dental Examination with anaverage score of at least 75; and

(b) Except as otherwise provided in this chapter, must:

(1) Successfully complete a clinical examinationgiven by the Board which examines the applicants practical knowledge ofdentistry and which includes demonstrations of the applicants skill indentistry; or

(2) Present to the Board a certificate grantedby the Western Regional Examining Board which contains a notation that theapplicant has passed, within the 5 years immediately preceding the date of theapplication, a clinical examination administered by the Western RegionalExamining Board.

2. The Board shall examine each applicant in writingon the contents and interpretation of this chapter and the regulations of theBoard.

3. All persons who have satisfied the requirements forlicensure as a dentist must be registered as licensed dentists on the boardregister, as provided in this chapter, and are entitled to receive acertificate 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)

NRS 631.250 Issuanceof specialists license to dentist licensed in this State.

1. The Board may issue a specialists licenseauthorizing a dentist licensed in this State to announce, hold himself out andpractice as a specialist in a special area of dentistry for which there is acertifying board approved by the Commission on Dental Accreditation of theAmerican Dental Association.

2. No dentist licensed in this State may announce orhold himself out to the public as a specialist or practice as a specialistunless he has successfully completed the educational requirements currentlyspecified for qualification in the special area by the certifying board.

3. A dentist licensed in this State who hassuccessfully completed those educational requirements, has passed the generaldentistry examination or has otherwise been approved for licensure by theBoard, and has been issued a specialists license under this section maycommence specialty practice immediately in the special area without:

(a) Examination by the certifying board.

(b) Certification as a diplomate of the certifyingboard.

4. A dentist licensed in this State to whom aspecialists 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)

NRS 631.255 Issuanceof specialists license to person licensed in another state.

1. The Board may, without a clinical examinationrequired by NRS 631.240, issue aspecialists license to a person who:

(a) Presents a current certification as a diplomatefrom a certifying board approved by the Commission on Dental Accreditation ofthe American Dental Association;

(b) Has an active license to practice dentistrypursuant 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 feesin the same manner as a person licensed pursuant to NRS 631.240;

(e) Submits all information required to complete anapplication for a license; and

(f) Satisfies the requirements of NRS 631.230.

2. The Board shall not issue a specialists license toa person:

(a) Whose license to practice dentistry has beenrevoked or suspended;

(b) Who has been refused a license to practicedentistry; or

(c) Who is involved in or has pending a disciplinaryaction concerning his license to practice dentistry,

in this State,another state or territory of the United States, or the District of Columbia.

3. The Board shall examine each applicant in writingon the contents and interpretation of this chapter and the regulations of theBoard.

4. A person to whom a specialists license is issuedpursuant to this section shall limit his practice to the specialty.

5. The Board may revoke a specialists license at anytime upon submission of substantial evidence to the Board that the holder ofthe license violated any provision of this chapter or the regulations of theBoard.

(Added to NRS by 2001, 1607; A 2005, 45, 273, 274, 2719)

NRS 631.260 Issuanceof licenses. As soon as possible after theexamination has been given, the Board, under rules and regulations adopted byit, shall determine the qualifications of the applicant and shall issue to eachperson found by the Board to have the qualifications therefor a license whichwill entitle the person to practice dental hygiene or dentistry, or any specialbranch of dentistry, as in such license defined, subject to the provisions ofthis chapter.

[Part 5:152:1951]

NRS 631.265 Permitto administer general anesthesia, conscious sedation or deep sedation.

1. No licensed dentist or person who holds arestricted license issued pursuant to NRS631.275 may administer or supervise directly the administration of generalanesthesia, conscious sedation or deep sedation to dental patients unless hehas been issued a permit authorizing him to do so by the Board.

2. The Board may issue a permit authorizing a licenseddentist or person who holds a restricted license issued pursuant to NRS 631.275 to administer or supervisedirectly the administration of general anesthesia, conscious sedation or deepsedation to dental patients under such standards, conditions and otherrequirements as the Board shall by regulation prescribe.

(Added to NRS by 1983, 278; A 1989, 1740; 2001, 2692)

NRS 631.267 Authorizationto perform physical evaluation and compile medical history of patient beforehospital admission; hospital prohibited from refusing to accept; qualifieddentist defined.

1. A qualified dentist may, to the extent necessaryfor the exercise of due care in the practice of dentistry, perform a completephysical evaluation and compile a medical history of a patient before admittingthe patient to a hospital for the purpose of practicing dentistry.

2. A hospital shall not refuse to accept a physicalevaluation or medical history of a patient for the purpose of admission whichis performed by a qualified dentist who is a member in good standing of themedical staff of the hospital.

3. As used in this section, qualified dentist meansa dentist who is licensed to practice dentistry in this State and who hascompleted a training program to perform physical evaluations approved by theAmerican Medical Association or a training program for oral and maxillofacialsurgery approved by the American Dental Association.

(Added to NRS by 1985, 2097; A 1987, 520)

NRS 631.271 Limitedlicense to practice dentistry or dental hygiene.

1. The Board shall, without a clinical examinationrequired by NRS 631.240 or 631.300, issue a limited license topractice dentistry or dental hygiene to a person who:

(a) Is qualified for a license to practice dentistry ordental hygiene in this State;

(b) Pays the required application fee;

(c) Has entered into a contract with the Nevada Systemof Higher Education to provide services as a dental intern, dental resident orinstructor of dentistry or dental hygiene at an educational or outpatientclinic, 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 ordental 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 grantedby the Western Regional Examining Board which contains a notation that theperson has passed, within the 5 years immediately preceding the date of theapplication, a clinical examination administered by the Western RegionalExamining Board; or

(3) Has the educational or outpatient clinic,hospital or other facility where the person will provide services as a dentalintern or dental resident in an internship or residency program submit to theBoard written confirmation that the person has been appointed to a position inthe program and is a citizen of the United States or is lawfully entitled toremain and work in the United States. If a person qualifies for a limitedlicense pursuant to this subparagraph, the limited license remains valid onlywhile the person is actively providing services as a dental intern or dentalresident in the internship or residency program, is lawfully entitled to remainand work in the United States and is in compliance with all other requirementsfor the limited license.

2. The Board shall not issue a limited license to aperson:

(a) Who has been issued a license to practice dentistryor dental hygiene if:

(1) The person is involved in a disciplinaryaction concerning the license; or

(2) The license has been revoked or suspended;or

(b) Who has been refused a license to practicedentistry or dental hygiene,

in thisState, another state or territory of the United States, or the District of Columbia.

3. A person to whom a limited license is issuedpursuant to subsection 1:

(a) May practice dentistry or dental hygiene in thisState only:

(1) At the educational or outpatient clinic,hospital or other facility where he is employed; and

(2) In accordance with the contract required byparagraph (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 oraccept compensation for the practice of dentistry or dental hygiene except suchcompensation as may be paid to him by the Nevada System of Higher Education forservices provided as a dental intern, dental resident or instructor ofdentistry or dental hygiene.

4. A limited license expires 1 year after its date ofissuance and may be renewed on or before the date of its expiration, unless theholder no longer satisfies the requirements for the limited license. The holderof a limited license may, upon compliance with the applicable requirements setforth in NRS 631.330 and the completionof a review conducted at the discretion of the Board, be granted a renewalcertificate that authorizes the continuation of practice pursuant to thelimited license for 1 year.

5. Within 7 days after the termination of his contractrequired by paragraph (c) of subsection 1, the holder of a limited licenseshall notify the Board of the termination, in writing, and surrender thelimited license to the Board.

6. The Board may revoke a limited license at any timeupon submission of substantial evidence to the Board that the holder of thelicense 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)

NRS 631.272 Temporarylicense to practice dentistry.

1. Except as otherwise provided in this section, theBoard shall, without a clinical examination required by NRS 631.240, issue a temporary license topractice dentistry to a person who:

(a) Has a license to practice dentistry issued pursuantto the laws of another state or territory of the United States, or the District of Columbia;

(b) Has practiced dentistry pursuant to the laws ofanother 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 dentistryrevoked 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 practicedentistry 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 adisciplinary 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 feesin the same manner as a person licensed pursuant to NRS 631.240;

(g) Submits all information required to complete anapplication for a license; and

(h) Satisfies the requirements of NRS 631.230.

2. A person to whom a temporary license is issuedpursuant to subsection 1 may:

(a) Practice dentistry for the duration of thetemporary license; and

(b) Apply for a permanent license to practice dentistrywithout a clinical examination required by NRS631.240 if:

(1) The person has held a temporary license topractice dentistry pursuant to subsection 1 for a minimum of 2 years; and

(2) The person has not been involved in anydisciplinary action during the time he has held a temporary license pursuant tosubsection 1.

3. The Board shall examine each applicant in writingon the contents and interpretation of this chapter and the regulations of theBoard.

4. The Board shall not, on or after July 1, 2006,issue any additional temporary licenses to practice dentistry pursuant to thissection.

5. Any person who, on July 1, 2006, holds a temporarylicense to practice dentistry issued pursuant to this section may, subject tothe regulatory and disciplinary authority of the Board, practice dentistryunder the temporary license until December 31, 2008, or until the person isqualified to apply for and is issued or denied a permanent license to practicedentistry in accordance with this section, whichever period is shorter.

6. The Board may revoke a temporary license at anytime upon submission of substantial evidence to the Board that the holder ofthe license violated any provision of this chapter or the regulations of theBoard.

(Added to NRS by 2001, 1607; A 2003, 66; 2005, 47, 48, 51, 276, 277, 2719)

NRS 631.273 Temporarylicense to practice dental hygiene.

1. Except as otherwise provided in this section, theBoard shall, without a clinical examination required by NRS 631.300, issue a temporary license topractice dental hygiene to a person who:

(a) Has a license to practice dental hygiene issuedpursuant 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 lawsof another state or territory of the United States, or the District ofColumbia, for at least 5 years immediately preceding the date that he appliesfor a temporary license;

(d) Has not had his license to practice dental hygienerevoked 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 dentalhygiene 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 adisciplinary action concerning his license to practice dental hygiene in thisState, another state or territory of the United States, or the District of Columbia;

(g) Pays the application, examination and renewal feesin the same manner as a person licensed pursuant to NRS 631.300; and

(h) Submits all information required to complete anapplication for a license.

2. A person to whom a temporary license is issuedpursuant to this section may:

(a) Practice dental hygiene for the duration of thetemporary license; and

(b) Apply for a permanent license to practice dentalhygiene without a clinical examination required by NRS 631.300 if:

(1) The person has held a temporary license topractice dental hygiene issued pursuant to this section for at least 2 years;and

(2) The person has not been involved in anydisciplinary action during the time he has held a temporary license issuedpursuant to this section.

3. The Board shall examine each applicant in writingconcerning the contents and interpretation of this chapter and the regulationsof the Board.

4. The Board shall not, on or after July 1, 2006,issue any additional temporary licenses to practice dental hygiene pursuant tothis section.

5. Any person who, on July 1, 2006, holds a temporarylicense to practice dental hygiene issued pursuant to this section may, subjectto the regulatory and disciplinary authority of the Board, practice dentalhygiene under the temporary license until December 31, 2008, or until theperson is qualified to apply for and is issued or denied a permanent license topractice dental hygiene in accordance with this section, whichever period isshorter.

6. The Board may revoke a temporary license at anytime upon submission of substantial evidence to the Board that the holder ofthe license violated any provision of this chapter or the regulations of theBoard.

(Added to NRS by 2003, 518; A 2005, 277, 278, 287, 2720, 2812)

NRS 631.274 Restrictedgeographical license to practice dentistry or dental hygiene.

1. The Board shall, without a clinical examinationrequired by NRS 631.240 or 631.300, issue a restricted geographicallicense to practice dentistry or dental hygiene to a person if he meets therequirements of subsection 2 and:

(a) A board of county commissioners submits a requestthat the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending topractice dentistry or dental hygiene in a rural area of a county in whichdental or dental hygiene needs are underserved as that term is defined by theofficer of rural health of the University of Nevada School of Medicine;

(b) Two or more boards of county commissioners submit ajoint request that the Board of Dental Examiners of Nevada waive therequirements of NRS 631.240 or 631.300 for any applicant intending topractice dentistry or dental hygiene in one or more rural areas within thosecounties in which dental or dental hygiene needs are underserved as that termis defined by the officer of rural health of the University of Nevada School ofMedicine; or

(c) The director of a federally qualified health centeror a nonprofit clinic submits a request that the Board waive the requirementsof NRS 631.240 or 631.300 for any applicant who has enteredinto a contract with a federally qualified health center or nonprofit clinicwhich treats underserved populations in Washoe County or Clark County.

2. A person may apply for a restricted geographicallicense if he:

(a) Has a license to practice dentistry or dentalhygiene 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 practicedentistry or dental hygiene in this State;

(c) Pays the application, examination and renewal feesin the same manner as a person licensed pursuant to NRS 631.240 or 631.300;

(d) Submits all information required to complete anapplication 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 geographicallicense to a person:

(a) Whose license to practice dentistry or dentalhygiene has been revoked or suspended;

(b) Who has been refused a license to practicedentistry or dental hygiene; or

(c) Who is involved in or has pending a disciplinaryaction concerning his license to practice dentistry or dental hygiene,

in thisState, another state or territory of the United States, or the District of Columbia.

4. The Board shall examine each applicant in writingon the contents and interpretation of this chapter and the regulations of theBoard.

5. A person to whom a restricted geographical licenseis issued pursuant to this section:

(a) May practice dentistry or dental hygiene only inthe county or counties which requested the restricted geographical licensurepursuant to paragraph (a) or (b) of subsection 1.

(b) Shall not, for the duration of the restrictedgeographical license, engage in the private practice of dentistry or dentalhygiene in this State or accept compensation for the practice of dentistry ordental hygiene except such compensation as may be paid to him by a federallyqualified health center or nonprofit clinic pursuant to paragraph (c) ofsubsection 1.

6. Within 7 days after the termination of his contractpursuant to paragraph (c) of subsection 1, the holder of a restrictedgeographical license shall notify the Board of the termination, in writing, andsurrender the restricted geographical license.

7. A person to whom a restricted geographical licensewas issued pursuant to this section may petition the Board for an unrestrictedlicense without a clinical examination required by NRS 631.240 or 631.300 if the person:

(a) Has not had his license to practice dentistry ordental hygiene revoked or suspended in this State, another state or territoryof the United States, or the District of Columbia;

(b) Has not been refused a license to practicedentistry 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 adisciplinary action concerning his license to practice dentistry or dentalhygiene in this State, another state or territory of the United States, or theDistrict of Columbia; and

(d) Has:

(1) Actively practiced dentistry or dentalhygiene for 3 years at a minimum of 30 hours per week in the county or countieswhich requested the restricted geographical licensure pursuant to paragraph (a)or (b) of subsection 1; or

(2) Been under contract with a federallyqualified health center or nonprofit clinic for a minimum of 3 years.

8. The Board may revoke a restricted geographicallicense at any time upon submission of substantial evidence to the Board thatthe holder of the license violated any provision of this chapter or theregulations of the Board.

(Added to NRS by 2001, 1608; A 2005, 48, 50, 279, 281, 2720)

NRS 631.275 Restrictedlicense to practice dentistry at facility that provides dental services topersons of low income.

1. Except as otherwise provided in subsection 2, theBoard shall, without examination, issue a restricted license to practicedentistry to a person who:

(a) Has a valid license to practice dentistry issuedpursuant to the laws of another state or the District of Columbia;

(b) Has received a degree from a dental school orcollege accredited by the Commission on Dental Accreditation of the AmericanDental Association or its successor organization;

(c) Has entered into a contract with a facilityapproved by the Health Division of the Department of Health and Human Servicesto provide publicly funded dental services exclusively to persons of low incomefor 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 aperson:

(a) Who has failed to pass the examination of theBoard;

(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 beenrevoked 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 issuedpursuant to subsection 1:

(a) May perform dental services only:

(1) Under the general supervision of the StateDental Health Officer or the supervision of a dentist who is licensed topractice dentistry in this State and appointed by the Health Division of theDepartment of Health and Human Services to supervise dental care that isprovided in a facility which has entered into a contract with the person towhom a restricted license is issued and which is approved by the HealthDivision; and

(2) In accordance with the contract requiredpursuant to paragraph (c) of that subsection.

(b) Shall not, for the duration of the restrictedlicense, engage in the private practice of dentistry, which includes, withoutlimitation, providing dental services to a person who pays for the services.

4. A restricted license expires 1 year after its dateof issuance and may be renewed on or before the date of its expiration, unlessthe holder no longer satisfies the requirements for the restricted license. Theholder of a restricted license may, upon compliance with the applicablerequirements set forth in NRS 631.330and the completion of a review conducted at the discretion of the Board, begranted a renewal certificate that authorizes the continuation of practicepursuant to the restricted license for 1 year.

5. A person who receives a restricted license mustpass the examination of the Board within 3 years after receiving his restrictedlicense. If the person fails to pass that examination, the Board shall revokethe restricted license.

6. The Board may revoke a restricted license at anytime upon submission of substantial evidence to the Board that the holder ofthe license violated any provision of this chapter or the regulations of theBoard.

(Added to NRS by 1997, 1377; A 1999, 1654, 2849; 2001, 2692; 2005, 283)

NRS 631.280 Failureof examination; limitation on reexamination. Anyapplicant for a license to practice dentistry in this State who twice fails topass the examination of the Board is not eligible for reexamination within 12months after the second examination was taken.

[Part 4:152:1951; A 1953, 363] + [Part5:152:1951](NRS A 1957, 343; 1985, 380)

NRS 631.287 Dentalhygienists: Special endorsement of license to practice public health dentalhygiene.

1. The Board shall, upon application by a dentalhygienist who is licensed pursuant to this chapter and has such qualificationsas the Board specifies by regulation, issue a special endorsement of hislicense allowing him to practice public health dental hygiene pursuant tosubsection 2.

2. The State Dental Health Officer may authorize aperson who holds a special endorsement issued pursuant to subsection 1 toprovide or cause to be provided such services for the promotion of publichealth 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 HealthOfficer deems appropriate.

(b) May not be provided at a dental office that is notoperated by a public or nonprofit entity.

(Added to NRS by 2001, 2691)

NRS 631.290 Dentalhygienists: Eligibility to apply for license.

1. Any person is eligible to apply for a license topractice 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 lawfullyentitled to remain and work in the United States; and

(d) Is agraduate of a program of dental hygiene from an institution which is accreditedby a regional educational accrediting organization that is recognized by theUnited States Department of Education. The program of dental hygiene must:

(1) Beaccredited by the Commission on Dental Accreditation of the American DentalAssociation or its successor specialty accrediting organization; and

(2) Include a curriculum of not less than 2years of academic instruction in dental hygiene or its academic equivalent.

2. To determine whether a person has good moralcharacter, the Board may consider whether his license to practice dentalhygiene in another state has been suspended or revoked or whether he iscurrently involved in any disciplinary action concerning his license in thatstate.

[Part 7:152:1951](NRS A 1971, 536; 1977, 1565; 1981,1975; 1983, 1113; 2001,1611, 2693, 2695; 2005, 284)

NRS 631.300 Dentalhygienists: Examination; issuance of certificate of registration.

1. Any person desiring to obtain a license to practicedental hygiene, after having complied with the regulations of the Board todetermine eligibility:

(a) Must pass a written examination given by the Boardupon such subjects as the Board deems necessary for the practice of dentalhygiene or must present a certificate granted by the Joint Commission onNational Dental Examinations which contains a notation that the applicant haspassed the National Board Dental Hygiene Examination with a score of at least75; and

(b) Except as otherwise provided in this chapter, must:

(1) Successfully complete a clinical examinationin dental hygiene given by the Board which examines the applicants practicalknowledge of dental hygiene and which includes, but is not limited to,demonstrations in the removal of deposits from, and the polishing of, theexposed surface of the teeth; or

(2) Present to the Board a certificate grantedby the Western Regional Examining Board which contains a notation that theapplicant has passed, within the 5 years immediately preceding the date of theapplication, a clinical examination administered by the Western RegionalExamining Board.

2. The clinical examination given by the Board mustinclude components that are:

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

(b) Practical, as in the opinion of the Board isnecessary to test the qualifications of the applicant.

3. The Board shall examine each applicant in writingon the contents and interpretation of this chapter and the regulations of theBoard.

4. All persons who have satisfied the requirements forlicensure as a dental hygienist must be registered as licensed dentalhygienists on the board register, as provided in this chapter, and are entitledto 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)

NRS 631.310 Dentalhygienists: Places of practice; supervision; provision of services.

1. Except as otherwise provided in NRS 631.271 and 631.287, the holder of a license or renewalcertificate to practice dental hygiene may practice dental hygiene in thisState in the following places:

(a) In the office of any licensed dentist.

(b) In a clinic or in clinics in the public schools ofthis State as an employee of the Health Division of the Department of Health andHuman Services.

(c) In a clinic or in clinics in a state institution asan employee of the institution.

(d) In a clinic established by a hospital approved bythe Board as an employee of the hospital where service is rendered only topatients of the hospital, and upon the authorization of a member of the dentalstaff.

(e) In an accredited school of dental hygiene.

(f) In other places if specified in a regulationadopted by the Board.

2. A dental hygienist may perform only the serviceswhich are authorized by a dentist licensed in the State of Nevada, unlessotherwise provided in a regulation adopted by the Board.

3. Except as otherwise provided in NRS 631.287 or specifically authorized by aregulation adopted by the Board, a dental hygienist shall not provide servicesto a person unless that person is a patient of the dentist who authorized theperformance 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)

NRS 631.311 Dentistnot required to be present when dental hygienist provides services authorizedby dentist. A dentist who provides a writtenor oral authorization to a dental hygienist for the provision of services bythat dental hygienist is not required to be present when those services areprovided.

(Added to NRS by 2003, 519)

NRS 631.313 Assignmentof dental hygienist or dental assistant to perform intraoral tasks undersupervision of dentist; exception; administration of local anesthesia ornitrous oxide by dental hygienist.

1. A licensed dentist may assign to a person in hisemploy who is a dental hygienist, dental assistant or other person directly orindirectly involved in the provision of dental care only such intraoral tasksas may be permitted by a regulation of the Board or by the provisions of thischapter.

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 theprovision of dental care, under the supervision of the licensed dentist whomade the assignment.

(b) If performed by a dental hygienist, authorized bythe 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 ofdrugs or medicaments, or authorizing the use of restorative, prosthodontic ororthodontic appliances.

(b) Surgery on hard or soft tissues within the oralcavity or any other intraoral procedure that may contribute to or result in anirremediable alteration of the oral anatomy.

(c) The administration of general anesthesia, conscioussedation or deep sedation except as otherwise authorized by regulations adoptedby the Board.

(d) The performance of a task outside the authorizedscope of practice of the employee who is being assigned the task.

4. A dental hygienist may, pursuant to regulationsadopted by the Board, administer local anesthesia or nitrous oxide in a healthcare facility, as defined in NRS 449.800,if:

(a) He is so authorized by the licensed dentist of thepatient to whom the local anesthesia or nitrous oxide is administered; and

(b) The health care facility has licensed medicalpersonnel and necessary emergency supplies and equipment available when thelocal anesthesia or nitrous oxide is administered.

(Added to NRS by 1971, 531; A 1981, 1975; 1983, 1114;1987, 859; 1995, 216; 2001,2694)

NRS 631.317 Regulationsconcerning intraoral tasks and other practices. TheBoard shall adopt rules or regulations:

1. Specifying the intraoral tasks that may be assignedby a licensed dentist to a dental hygienist or dental assistant in his employor that may be performed by a dental hygienist engaged in school healthactivities or employed by a public health agency.

2. Governing the practice of dentists and dentalhygienists in full-time employment with the State of Nevada.

(Added to NRS by 1971, 531)

NRS 631.330 Renewalof license: Requirements; issuance of renewal certificate.

1. Licenses issued pursuant to NRS 631.271 and 631.275 must be renewed annually. All otherlicenses 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 ordental hygiene must, upon:

(1) Payment of the required fee;

(2) Submission of proof of completion of therequired continuing education; and

(3) Submission of all information required tocomplete the renewal,

be granted arenewal certificate which will authorize continuation of the practice for 2years.

(b) A licensee must comply with the provisions of thissubsection and subsection 1 on or before June 30. Failure to comply with thoseprovisions by June 30 every 2 years automatically suspends the license, and itmay be reinstated only upon payment of the fee for reinstatement and compliancewith the requirements of this subsection.

3. If a license suspended pursuant to this section isnot reinstated within 12 months after suspension, it is automatically revoked.

[Part 4:152:1951; A 1953, 363] + [8:152:1951](NRS A1957, 343; 1967, 866; 1981, 1976; 1985, 381; 1997, 2124; 1999, 1656, 2849; 2005, 285, 2722, 2807)

NRS 631.335 Inactivestatus of license.

1. The license of a person who does not activelypractice in this State for 1 year automatically reverts to inactive status atthe time the license renewal fee is next payable. If a person whose license hasreverted to inactive status:

(a) Continues to practice actively outside this State,his license may be reinstated to active status by the Secretary-Treasurer if hepays the required reinstatement fee and complies with the conditions prescribedby the regulations of the Board.

(b) Does not continue to practice, his license may bereinstated to active status only upon the motion of the Board, submission ofthe required reinstatement fee and proof of continuing education, andcompliance with the conditions prescribed by the regulations of the Board.

2. A licensee who is disabled and cannot practice, orwho is retired must be issued a license which reflects that status when the feeto renew his license is next payable. His license may be reinstated to activestatus only upon the motion of the Board, submission of the requiredreinstatement fee and proof of continuing education, and compliance with theconditions prescribed by the regulations of the Board.

(Added to NRS by 1981, 1974; A 1985, 381; 1989, 1740;1995, 277; 1999, 1656,2849)

NRS 631.340 Restorationof license.

1. Any person who has obtained from the Board alicense certificate to practice dental hygiene or dentistry or any specialbranch of dentistry in this State, and who fails to obtain a renewalcertificate, must, before resuming the practice in which he was licensed, makeapplication to the Secretary-Treasurer, under such rules as the Board mayprescribe, for the restoration of the license to practice.

2. Upon application being made, theSecretary-Treasurer shall determine whether the applicant possesses thequalifications prescribed for the granting of a license to practice in hisparticular profession, and whether the applicant continues to possess a goodmoral character and is not otherwise disqualified to practice in this State. Ifthe Secretary-Treasurer so determines, he shall thereupon issue the license,and thereafter the person may make application annually for a renewalcertificate, as provided in this chapter.

[9:152:1951](NRS A 1967, 867; 1981, 1976; 1995, 278)

NRS 631.342 Regulationsconcerning continuing education.

1. The Board shall adopt regulations concerningcontinuing education in dentistry and dental hygiene. The regulations mustinclude:

(a) The number of hours of credit required annually;

(b) The criteria used to accredit each course;

(c) Therequirements for submission of proof of attendance at courses; and

(d) A provisionrequiring the completion of a course of instruction, within 2 years afterinitial licensure, relating to the medical consequences of an act of terrorismthat involves the use of a weapon of mass destruction. The course must provideat least 4 hours of instruction that includes instruction in the followingsubjects:

(1) Anoverview of acts of terrorism and weapons of mass destruction;

(2) Personalprotective equipment required for acts of terrorism;

(3) Commonsymptoms and methods of treatment associated with exposure to, or injuriescaused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromicsurveillance and reporting procedures for acts of terrorism that involvebiological agents; and

(5) Anoverview of the information available on, and the use of, the Health AlertNetwork.

The Board may thereafter determinewhether to include in a program of continuing education additional courses ofinstruction relating to the medical consequences of an act of terrorism thatinvolves the use of a weapon of mass destruction.

2. As used inthis section:

(a) Act ofterrorism has the meaning ascribed to it in NRS202.4415.

(b) Biologicalagent has the meaning ascribed to it in NRS202.442.

(c) Chemicalagent has the meaning ascribed to it in NRS202.4425.

(d) Radioactiveagent has the meaning ascribed to it in NRS202.4437.

(e) Weapon of mass destruction has the meaningascribed to it in NRS 202.4445.

(Added to NRS by 1985, 379; A 2003, 2956)

NRS 631.343 Personsexempt from requirement of continuing education. Aholder of an inactive license, or the holder of a license who is retired ordisabled, is exempt from the requirement of continuing education. If the holderof such a license applies to the Board to reactivate it, he must submit proofof continuing education for the year in which the license is restored to activestatus.

(Added to NRS by 1985, 379)

NRS 631.345 Fees.

1. The Board shall by regulation establish fees forthe performance of the duties imposed upon it by this chapter which must notexceed the following amounts:

 

Application fee foran initial license to practice dentistry............................ $1,500

Application fee foran initial license to practice dental hygiene....................... 750

Application fee for aspecialists license to practice dentistry......................... 300

Application fee for alimited license or restricted license to practice dentistry or dental hygiene 300

Application andexamination fee for a permit to administer general anesthesia, conscioussedation or deep sedation. 750

Fee for anyreinspection required by the Board to maintain a permit to administer generalanesthesia, conscious sedation or deep sedation..................................................................................................... 500

Biennial renewal feefor a permit to administer general anesthesia, conscious sedation or deepsedation 600

Fee for theinspection of a facility required by the Board to renew a permit to administergeneral anesthesia, conscious sedation or deep sedation................................................................................ 350

Biennial licenserenewal fee for a general license, specialists license, temporary license orrestricted geographical license to practice dentistry............................................................................................ 1,000

Annual licenserenewal fee for a limited license or restricted license to practice dentistry 300

Biennial licenserenewal fee for a general license, temporary license or restricted geographicallicense to practice dental hygiene............................................................................................................... 600

Annual licenserenewal fee for a limited license to practice dental hygiene... 300

Biennial licenserenewal fee for an inactive dentist............................................ 400

Biennial licenserenewal fee for a retired or disabled dentist............................ 100

Biennial licenserenewal fee for an inactive dental hygienist............................ 200

Biennial licenserenewal fee for a retired or disabled dental hygienist............ 100

Reinstatement fee fora suspended license to practice dentistry or dental hygiene 500

Reinstatement fee fora revoked license to practice dentistry or dental hygiene 500

Reinstatement fee toreturn an inactive, retired or disabled dentist or dental hygienist to activestatus 500

Fee for thecertification 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 foraccreditation. The fee must not exceed $150 per credit hour of the proposedcourse. The Board shall not charge a nonprofit organization or an agency of theState or of a political subdivision of the State a fee to review a course ofcontinuing education.

3. All fees prescribed in this section are payable inadvance 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

NRS 631.346 Employmentof unlicensed person; public demonstrations; aiding in unlicensed practice;dental hygienist practicing in unauthorized place; practice with licensesuspended or without renewal certificate. Thefollowing acts, among others, constitute unprofessional conduct:

1. Employing, directly or indirectly, any student orany suspended or unlicensed dentist or dental hygienist to perform operationsof any kind to treat or correct the teeth or jaws, except as provided in thischapter;

2. Except as otherwise provided in NRS 631.287, giving a public demonstrationof methods of practice any place other than the office where the licensee isknown to be regularly engaged in this practice;

3. Employing, procuring, inducing, aiding or abettinga person not licensed or registered as a dentist to engage in the practice ofdentistry, 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 notauthorized pursuant to this chapter; or

5. Practicing while his license is suspended orwithout a renewal certificate.

(Added to NRS by 1983, 1106; A 2001, 2694)

NRS 631.3465 Feefor referral; association with person engaged in illegal practice or withunlicensed person; use of name clinic, institute or referral services;practice under name of retired dentist. Thefollowing acts, among others, constitute unprofessional conduct:

1. Dividing fees or agreeing to divide fees receivedfor services with any person for bringing or referring a patient, without theknowledge of the patient or his legal representative, but licensed dentists arenot prohibited from:

(a) Practicing in a partnership and sharingprofessional fees;

(b) Employing another licensed dentist or dentalhygienist; or

(c) Rendering services as a member of a nonprofitprofessional service corporation.

2. Associating with or lending his name to any personengaged in the illegal practice of dentistry or associating with any person,firm or corporation holding himself or itself out in any manner contrary to theprovisions of this chapter.

3. Associating with or being employed by a person notlicensed pursuant to this chapter if that person exercises control over theservices offered by the dentist, owns all or part of the dentists practice orreceives or shares the fees received by the dentist. The provisions of thissubsection do not apply to a dentist who associates with or is employed by aperson who owns or controls a dental practice pursuant to NRS 631.385.

4. Using the name clinic, institute, referralservices or other title or designation that may suggest a public or semipublicactivity.

5. Practicing under the name of a dentist who has notbeen in active practice for more than 1 year.

(Added to NRS by 1983, 1107; A 1987, 1041)

NRS 631.347 Participationin plan requiring patients to select dentist from preselected group unless planfor personal selection offered; authorized disciplinary action. Participating in any plan or practice in which patientsare required to select a dentist from a preselected group constitutesunprofessional conduct unless those patients are also offered a plan whichprovides them with a reasonable opportunity to select a dentist of their ownchoice. The Board may not revoke the license of a person who participates insuch a plan or practice but may take any other action authorized in thischapter regarding unprofessional conduct.

(Added to NRS by 1983, 1107)

NRS 631.3475 Malpractice;professional incompetence; disciplinary action in another state; substandardcare; administration of controlled substance or dangerous drug; inebriety oraddiction; gross immorality; conviction of certain crimes. The following acts, among others, constituteunprofessional conduct:

1. Malpractice;

2. Professional incompetence;

3. Suspension or revocation of his license to practicedentistry, the imposition of a fine or other disciplinary action by any agencyof another state authorized to regulate the practice of dentistry in thatstate;

4. More than one act by the dentist or dental hygienistconstituting substandard care in the practice of dentistry or dental hygiene;

5. Administering, dispensing or prescribing anycontrolled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required totreat the dentists patient;

6. Chronic or persistent inebriety or addiction to acontrolled substance, to such an extent as to render him unsafe or unreliableas a practitioner, or such gross immorality as tends to bring reproach upon thedental profession;

7. Conviction of a felony or misdemeanor involvingmoral turpitude or which relates to the practice of dentistry in this State, orconviction 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)

NRS 631.348 Misleadingstatements; false advertising; fraud in securing license; practice undermisleading name; submitting fraudulent claim to insurer; failure to notifyinsurer of forgiven debt. 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 ofpractice of any dentist;

2. Using advertising which is false or misleading;

3. Claiming or inferring professional superiority overneighboring practitioners;

4. Using fraud or misrepresentation to secure alicense;

5. Practicing under a name, other than a lawfullyassumed or fictitious name, that is false or misleading;

6. Submitting a false or fraudulent claim for paymentto an insurer for dental services rendered; or

7. Failing repeatedly to advise an insurer that thedentist has forgiven the patients share of the payment to the dentist under apolicy of insurance. This failure to notify an insurer includes forgiving onepatients debts more than once and forgiving the debt of different patientswith different insurers on a regular basis.

(Added to NRS by 1983, 1108)

NRS 631.3485 Violationof chapter or regulations; failure to pay fee for license. The following acts, among others, constituteunprofessional conduct:

1. Willful or repeated violations of the provisions ofthis chapter;

2. Willful or repeated violations of the regulationsof the State Board of Health, the State Board of Pharmacy or the Board of DentalExaminers of Nevada;

3. Failure to pay the fees for a license; or

4. Failure to make the health care records of apatient available for inspection and copying as provided in NRS 629.061.

(Added to NRS by 1983, 1108; A 1987, 801, 1041)

NRS 631.3487 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense to practice dentistry or dental hygiene, the Board shall deem thelicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Board receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license to practicedentistry or dental hygiene that has been suspended by a district courtpursuant to NRS 425.540 if:

(a) The Board receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560; and

(b) The person whose license was suspended pays the feeimposed pursuant to NRS 631.345 for thereinstatement of a suspended license.

(Added to NRS by 1997, 2123; A 2005, 2807)

NRS 631.349 Examplesof unprofessional conduct not complete list or authorization of other acts;Board may hold similar acts unprofessional conduct. Theacts described in NRS 631.346 to 631.3485, inclusive, must not be construedas a complete list of dishonorable or unprofessional conduct, or as authorizingor permitting the performance of other and similar acts, or as limiting orrestricting the Board from holding that other or similar acts constituteunprofessional or dishonorable conduct.

(Added to NRS by 1983, 1108)

DISCIPLINARY ACTION

NRS 631.350 Disciplinarypowers of Board; grounds; delegation of authority to take disciplinary action;deposit of fines; claim for attorneys fees and costs of investigation; privatereprimands prohibited; orders imposing discipline deemed public records.

1. Except asotherwise provided in NRS 631.271 and 631.347, the Board may:

(a) Refuse toissue a license to any person;

(b) Revoke orsuspend the license or renewal certificate issued by it to any person;

(c) Fine aperson it has licensed;

(d) Place aperson on probation for a specified period on any conditions the Board mayorder;

(e) Issue apublic reprimand to a person;

(f) Limit apersons practice to certain branches of dentistry;

(g) Require aperson to participate in a program to correct alcohol or drug abuse or anyother impairment;

(h) Requirethat a persons practice be supervised;

(i) Require aperson to perform community service without compensation;

(j) Require aperson to take a physical or mental examination or an examination of hiscompetence;

(k) Require aperson to fulfill certain training or educational requirements;

(l) Require aperson to reimburse a patient; or

(m) Anycombination thereof,

upon submission of substantialevidence to the Board that the person has engaged in any of the activitieslisted in subsection 2.

2. Thefollowing activities may be punished as provided in subsection 1:

(a) Engaging inthe illegal practice of dentistry or dental hygiene;

(b) Engaging inunprofessional conduct; or

(c) Violatingany regulations adopted by the Board or the provisions of this chapter.

3. The Boardmay delegate to a hearing officer or panel its authority to take anydisciplinary action pursuant to this chapter, impose and collect fines thereforand deposit the money therefrom in banks, credit unions or savings and loan associationsin this State.

4. If ahearing officer or panel is not authorized to take disciplinary action pursuantto subsection 3 and the Board deposits the money collected from the impositionof fines with the State Treasurer for credit to the State General Fund, it maypresent a claim to the State Board of Examiners for recommendation to theInterim Finance Committee if money is needed to pay attorneys fees or thecosts of an investigation, or both.

5. The Boardshall not administer a private reprimand.

6. An order that imposes discipline and the findingsof 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)

NRS 631.355 Actionby hearing officer or panel: Procedural requirements; powers and duties ofofficer or panel.

1. Any disciplinary action taken by a hearing officeror panel pursuant to NRS 631.350 issubject to the same procedural requirements which apply to disciplinary actionstaken by the Board, and the officer or panel has those powers and duties givento the Board in relation thereto.

2. Any decision of the hearing officer or panelrelating to the imposition of any disciplinary action pursuant to this chapteris a final decision in a contested case.

(Added to NRS by 1983, 1535; A 1987, 861)

NRS 631.360 Investigation,notice and hearing; subpoena; search warrant.

1. The Board may, upon its own motion, and shall, uponthe verified complaint in writing of any person setting forth facts which, ifproven, would constitute grounds for refusal, suspension or revocation of alicense or certificate under this chapter, investigate the actions of anyperson holding a certificate.

2. The Board shall, before refusing to issue, orbefore suspending or revoking any certificate, at least 10 days before the dateset for the hearing, notify in writing the applicant or the holder of thecertificate of any charges made. The notice may be served by delivery of itpersonally to the accused person or by mailing it by registered or certifiedmail to the place of business last specified by the accused person, asregistered with the Board.

3. At the time and place fixed in the notice, theBoard shall proceed to hear the charges. If the Board receives a reportpursuant 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 orthe production of documents or objects by subpoena. Any person who is subpoenaedby the Board may request the Board to modify the terms of the subpoena or grantadditional time for compliance.

5. The Board may obtain a search warrant from amagistrate upon a showing that the warrant is needed for an investigation orhearing being conducted by the Board and that reasonable cause exists to issuethe warrant.

6. If the Board is not sitting at the time and placefixed in the notice, or at the time and place to which the hearing has beencontinued, the Board shall continue the hearing for a period not to exceed 30days.

[Part 11:152:1951](NRS A 1969, 95; 1981, 99; 1983,1114; 1993, 784)

NRS 631.363 Appointmentof member or agent to conduct investigation and hearing; notice of hearing;report; hearing by Board.

1. The Board may appoint one of its members and any ofits employees, investigators or other agents to conduct an investigation andinformal hearing concerning any practice by a person constituting a violationof the provisions of this chapter or the regulations of the Board.

2. The investigator designated by the Board to conducta hearing shall notify the person being investigated at least 10 days beforethe date set for the hearing. The notice must describe the reasons for theinvestigation and must be served personally on the person being investigated orby mailing it by registered or certified mail to his last known address.

3. If, after the hearing, the investigator determinesthat the Board should take further action concerning the matter, he shallprepare 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 itsinvestigator pursuant to this section, holds its own hearing on the matterpursuant to NRS 631.360, it may considerthe investigators report but is not bound by his findings or conclusions. Theinvestigator shall not participate in the hearing conducted by the Board.

5. If the person who was investigated agrees inwriting to the findings and conclusions of the investigator, the Board mayadopt that report as its final order and take such action as is necessarywithout conducting its own hearing on the matter.

(Added to NRS by 1983, 1108)

NRS 631.366 Enforcementof subpoena by district court.

1. The district court for the county in which anyinvestigation or hearing is being conducted by the Board may compel theattendance of witnesses, the giving of testimony and the production of booksand papers as required by any subpoena issued by the Board.

2. If any witness refuses to attend or testify orproduce any papers required by a subpoena, the Board may so report to thedistrict court for the county in which the investigation or hearing is pendingby petition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this chapter;

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Board in theinvestigation or hearing named in the subpoena, or has refused to answerquestions propounded to him in the course of the investigation or hearing;

(d) That the subpoena identified specifically anydocuments or the subject of any testimony required;

(e) That the documents or testimony were relevant tothe allegations being investigated or heard; and

(f) That no reasonable cause exists for the failure orrefusal to comply with the subpoena,

andrequesting an order of the court compelling the witness to attend and testifyor produce the books or papers before the Board.

3. The court, upon petition of the Board, shall enteran order directing the witness to appear before the court at a time and placeto be fixed by the court in its order, not more than 10 days after the serviceof the order, and show cause why he has not attended or testified or produced thebooks or papers before the Board. A certified copy of the order must be servedupon the witness. If it appears to the court that the subpoena was regularlyissued by the Board and there is no reasonable cause for the refusal or failureto comply, the court shall thereupon enter an order that the witness appearbefore the Board at the time and place fixed in the order and testify orproduce the required books or papers, and upon failure to obey the order thewitness must be dealt with as if in contempt of court.

4. The court may consider, in determining whetherreasonable cause existed for the witness refusal or failure to comply with thesubpoena, such factors as:

(a) The burden or cost of compliance, financial orotherwise, to the witness;

(b) The time allowed for compliance;

(c) The extent of the information requested in relationto the nature of the underlying charge; and

(d) The extent of the statistical information necessaryto investigate the charge adequately.

(Added to NRS by 1983, 1109)

NRS 631.368 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; dissemination of records to otheragencies.

1. Except as otherwise provided in this section, anyrecords or information obtained during the course of an investigation by theBoard and any record of the investigation are confidential.

2. Thecomplaint or other document filed by the Board to initiate disciplinary actionand all documents and information considered by the Board when determiningwhether to impose discipline are public records.

3. The Board may provide any record or informationdescribed in subsection 1 to any other licensing board or agency or any agencywhich is investigating a person licensed pursuant to this chapter, including alaw enforcement agency.

(Added to NRS by 1993, 2742; A 2003, 3439)

MISCELLANEOUS PROVISIONS

NRS 631.371 Useof letters M.D. or other appropriate abbreviation by certain dentists whohold degree as doctor of medicine. A dentistlicensed pursuant to this chapter who holds a degree as a doctor of medicineand is not licensed as a physician pursuant to chapter630 of NRS may identify himself as a doctor of medicine and use the lettersM.D. or any other appropriate abbreviation if the dentist clearly identifieshimself as a practitioner of dentistry.

(Added to NRS by 2003, 438)

NRS 631.375 Identificationof removable dental appliances by name or social security number. All artificial teeth, dentures or other removable dentalappliances, at the time they are manufactured or sent to a laboratory forrepair, must be identified with the name or social security number of the ownerby:

1. Embedding the name or number in the material of theappliance;

2. Adding the name or number with an adhesive; or

3. Marking the appliance in any manner consistent withadvances in technology and approved by the Board.

(Added to NRS by 1987, 2222)

NRS 631.378 Immunityfrom civil liability for furnishing information to Board or otherwise assistingin investigation or prosecution; recovery of attorneys fees and costs.

1. Any person who furnishes information to the Boardconcerning a licensee or an applicant for licensure, in good faith and withoutmalicious intent, is immune from any civil action for furnishing thatinformation.

2. The Board, any member, employee or committee of theBoard, counsel, investigator, expert, hearing officer, licensee or other personwho assists the Board in the investigation or prosecution of an allegedviolation of a provision of this chapter, a proceeding concerning licensure orreissuance of a license or a criminal prosecution is immune from any civilliability for:

(a) Any decision or action taken in good faith andwithout malicious intent in response to information acquired by the Board.

(b) Disseminating information concerning a licensee oran applicant for licensure to any member of the public, other licensing board,national association of registered boards, an agency of the Federal Governmentor of the State, the Attorney General or any law enforcement agency.

3. A defendant who is the prevailing party in a civilaction brought pursuant to subsection 2 may recover the attorneys fees andcosts incurred in defending the action.

(Added to NRS by 2001, 907)

NRS 631.380 Validityof license or renewal certificate issued on or before March 20, 1951. All licenses and renewal certificates heretofore issued bythe Board and in force on March 20, 1951, shall remain in force subject to theprovisions of this chapter, and shall entitle the holders to practice theirprofession as therein designated.

[14:152:1951]

NRS 631.385 Ownershipor control of practice without license after death of dentist. A surviving member of a dentists family may own all orpart of or control that dentists practice after his death, share in the feesreceived therefrom and control or attempt to control the services offeredwithout being licensed pursuant to this chapter for no more than 2 years afterthe dentists death.

(Added to NRS by 1983, 1108)

NRS 631.390 Applicabilityof chapter. Except as otherwise provided insubsection 2 of NRS 631.317, this chapterdoes not apply to:

1. A legally qualified physician or surgeon unless hepractices dentistry as a specialty.

2. A dentist or dental hygienist of the United StatesArmy, Navy, Air Force, Public Health Service, Coast Guard or Department ofVeterans Affairs in the discharge of his official duty.

[13:152:1951](NRS A 1971, 537; 1987, 861; 1995,1097)

UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF

NRS 631.395 Actsconstituting illegal practice of dentistry. Aperson is guilty of the illegal practice of dentistry or dental hygiene who:

1. Sells or barters, or offers to sell or barter, anydiploma or document conferring or purporting to confer any dental degree, orany certificate or transcript made or purporting to be made pursuant to thelaws regulating the licensing and registration of dentists or dentalhygienists;

2. Purchases or procures by barter any such diploma,certificate or transcript, with the intent that it be used as evidence of theholders qualifications to practice dentistry, or in fraud of the lawsregulating that practice;

3. With fraudulent intent, alters in a material regardany such diploma, certificate or transcript;

4. Uses or attempts to use any diploma, certificate ortranscript, which has been purchased, fraudulently issued, counterfeited ormaterially altered, either as a license or color of license to practicedentistry, or in order to procure registration as a dentist or a dentalhygienist;

5. Practices dentistry under a false or assumed name;

6. Assumes the degree of Doctor of Dental Surgery orDoctor of Dental Medicine or appends the letters D.D.S. or D.M.D. orR.D.H. to his name, not having conferred upon him, by diploma from anaccredited dental or dental hygiene college or school legally empowered to conferthe title, the right to assume the title; or assumes any title or appends anyletters to his name with the intent to represent falsely that he has received adental degree or license;

7. Willfully makes, as an applicant for examination,license or registration under this chapter, a false statement in a materialregard in an affidavit required by this chapter;

8. Within 10 days after a demand is made by theSecretary-Treasurer, fails to furnish to the Board the names and addresses ofall persons practicing or assisting in the practice of dentistry in the officeof the person at any time within 60 days before the notice, together with asworn statement showing under and by what license or authority the person andhis employee are and have been practicing dentistry, but the affidavit must notbe used as evidence against the person in any proceeding under this chapter;

9. Except as otherwise provided in NRS 629.091, practices dentistry or dentalhygiene in this State without a license;

10. Except as otherwise provided in NRS 631.385, owns or controls a dentalpractice, shares in the fees received by a dentist or controls or attempts tocontrol the services offered by a dentist if the person is not himself licensedpursuant to this chapter; or

11. Aids or abets another in violating any of theprovisions of this chapter.

[Part 2:152:1951](NRS A 1971, 531; 1981, 1970; 1983,1110; 1995, 278, 750)

NRS 631.400 Penalties;injunctive relief.

1. A person who engages in the illegal practice ofdentistry in this State, or who practices or offers to practice dental hygienein this State without a license, or who, having a license, practices dentalhygiene in a manner or place not permitted by the provisions of this chapter:

(a) If it is his first or second offense, is guilty ofa gross misdemeanor.

(b) If it is his third or subsequent offense, is guiltyof a category D felony and shall be punished as provided in NRS 193.130.

2. The Board may assign such a person specific dutiesas a condition of renewing his license.

3. Whenever a person has engaged or is about to engagein any acts or practices which constitute or will constitute an offense againstthis 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 Rulesof Civil Procedure, except that no bond or undertaking is required in anyaction commenced by the Board.

[3:152:1951](NRS A 1957, 343; 1981, 1977; 1983,1115, 1535, 1547; 1995, 1310)

 

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