SB 366 — Establishes provisions relating to dental therapy. (BDR 54-661)
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This bill has been enacted into law. Introduced March 19, 2019. Enacted.
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Summary
AN ACT relating to dental care; establishing the profession of dental therapy governed by the Board of Dental Examiners of Nevada; revising provisions relating to dentistry and dental hygiene; providing penalties; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
1351 added · 1457 removed1351 line(s) added, 1457 removed.
REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE (§ 88) EXEMPT (Reprinted with amendments adopted on June 3, 2019) THIRD REPRINT S.B.
366366–Senator SENATERatti BILLCHAPTER.......... NO .
366–SENATOR RATTI M ARCH 19, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Establishes provisions relating to dental therapy.
(BDR 54-661) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sectionstherapy 58-68in ofchapter this631 bill establish the profession and practice of dentalNRS. provisions of NRS to account for the addition of the profession of dental therapists and the practice of dental therapy.
Sections 69.5-96 of this bill revise varioustal provisions of NRS to account for the addition of the profession of dental therapists and the practice of dental therapy.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
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and - 80th Session (2019) – 2 – (2) Include a curriculum of not less than 2 years of anddemicacademic instruction in dental therapy or its academic equivalent;
and (d) Is in possession of a current special endorsement of his or dentalher hygiene.suantlicense pursuant to NRS 631.287 to practice public health 2.dental hygiene.
To2. determine whether a person has good moral character, the Board may consider whether his or her license to practice dental therapy or dental hygiene in another state has been suspended or revoked or whether he or she is currently involved in any disciplinary action concerning his or her license in that state.
To determine whether a person has good moral character, the Board may consider whether his or her license to practice dental therapy or dental hygiene in another state has been any disciplinary action concerning his or her license in that state.
- *SB366_R3* – 4 – (1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners;
The Board shall examine each applicant in writing on the contentsthe andBoard.nd interpretation of this chapter and the regulations of the3. Board.
3.
A dental therapist may provide only the services that are within his or her scope of practice, the scope of - 80th Session (2019) – 3 – practice of the dentist, are authorized by the dentist, and are provided according to written protocols or standing orders provideestablished anyby services that are outside the scope of practice of the authorizing dentist.
A dental therapist shallmay not provide suchany services suchthat timeare asoutside the dentalscope therapist has obtained the following hours of clinical practice asof athe dentalauthorizing therapist:dentist.
(a)A Notdental lesstherapist thanshall 500provide hours,such ifservices theonly dentalunder therapistthe hasdirect asupervision licenseof tothe practiceauthorizing dentaldentist therapyuntil issuedsuch pursuanttime toas the lawsdental oftherapist anotherhas stateobtained orthe territoryfollowing hours of theclinical Unitedpractice States,as ora thedental Districttherapist: of Columbia;
(a) Not less than 500 hours, if the dental therapist has a another state or territory of the United States, or the District of Columbia;
The standing protocols may require the authorizing dentist to personally - *SB366_R3* – 5 – examine patients either face-to-face or by the use of electronic means.
(b)1395x(aa)(2).l A rural health clinic, as defined in 42 U.S.C.
§ 1395x(aa)(2).(c) A health facility or agency, other than a hospital, that is reimbursed as a federally qualified health center as defined in 42 U.S.C.
(c) A health facility or agency, other than a hospital, that is reimbursed as a federally qualified health center as defined in 42 U.S.C.
- 80th Session (2019) – 4 – (e) An outpatient health program or facility operated by a tribe or tribal organization under subchapter I of the Indian Self- Determination and Education Assistance Act, 25 U.S.C.
§§ 1651 to 1660h, inclusive, as ame(f)amended. A school-based health center as defined in NRS 41.495.
(f) A school-based health center as defined in NRS 41.495.
- *SB366_R3* – 6 – Sec.
The written practice agreement required pursuant to sectiontherapist 61must ofinclude:between this act between the authorizing dentist and a dental therapist1. must include:
1.
- 80th Session (2019) – 5 – 5.
conditions8. or complex medical histories, including requirementsedical for consultation before initiating care.
clinicalCriteria resourcesfor andproviding referrals,care governingto situationspatients inwith whichspecific themedical patientfor requiresconsultation treatmentbefore thatinitiating exceedscare. the dental therapist’s capabilities or the scope of practice as a dental therapist.
including requirements 9.
Specific written protocols, including a plan for providing clinical resources and referrals, governing situations in which the patient requires treatment that exceeds the dental therapist’s capabilities or the scope of practice as a dental therapist.
An authorizing dentist may not simultaneously maintain written practice agreements required pursuant to section 61 of this act with more than four full-time or full-time equivalent dental therapists.
and -dental *SB366_R3*or –health 7care –professional 2.to receive needed services thated exceed the scope of practice of the dental therapist.
A dental therapist shall refer patients to another qualified dental or health care professional to receive needed services that exceed the scope of practice of the dental therapist.
- 80th Session (2019) – 6 – (d) Take the following types of impressions:
the procedures and instruments commonly used in oraltooth by using prophylaxis, except that an abrasive stone, disc or bur may be used prophylaxis”only means the preventive dental procedure of scalingl and polishing which includes the removal of calculus, soft deposits, plaques and stains and the smoothing of unattached tooth surfaces in order to createpolish ana environmentrestoration. in which hard and soft tissues can be maintained in good health by the patient.
As used in this paragraph, “oral prophylaxis” means the preventive dental procedure of scaling and polishing which includes the removal of calculus, soft deposits, plaques and stains and the smoothing of unattached tooth surfaces in order to create an environment in which hard and soft tissues can be maintained in good health by the patient.
(k) Remove excess cement from cemented restorations and orthodontic appliances.
A dental therapist may not use a rotary - *SB366_R3* – 8 – cutting instrument to remove excess cement from restorations or orthodontic appliances.
- 80th Session (2019) – 7 – (2) Fluoride preparations;
After performing any of the services set forth in subsection 1, the dental therapist shall refer the patient to the authorizing dentist for follow-up care or any necessary additional procedures thatthaSec. the dental therapist is not authorized to perform.
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In accordance with the written practice agreement, a ordental services:pisttherapist may provide any of the following additional care 1.or services:
Identifying1. oral and systemic conditions that require care professionals and managing referrals to such persons.health 2.
Identifying oral and systemic conditions that require evaluation or treatment by dentists, physicians, or other health care professionals and managing referrals to such persons.
2.
Preparation and placement of direct restoration in primarypri11. and permanent teeth.
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- *SB366_R3* – 9 – 12.
- 80th Session (2019) – 8 – 18.
must annually complete at least 18 hours of instruction ins State approved courses of continuing education or biennially complete at least 40 hours of instruction in approved courses of continuing education, as applicable, based on the renewal period set forth in NRS 631.330 for the type of license held by the dental therapist.
Hours of instruction may not be transferred over from one licensing period to another.
68.
A dental therapist licensed to practice in this State must annually complete at least 18 hours of instruction in approved courses of continuing education or biennially complete at least 40 hours of instruction in approved courses of continuing NRS 631.330 for the type of license held by the dental therapist.n Hours of instruction may not be transferred over from one licSec.
(b) One member who has resided in Nevada for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.
- *SB366_R3* – 10 – (1) Are graduates of accredited schools or colleges of dental therapy or dental hygiene;
or - 80th Session (2019) – 9 – (2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist , dental therapist or [a] dental hygienist.
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71.
NRS 631.140 is hereby amended to read as follows:
The six members of the Board who are dentists,dentists,: the member of the Board who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care, and the member appointed from areas of the State as follows:eneral public must be (a) Three of those members must be from Carson City, Douglas Cou(b) Four of those members must be from Clark County.
the member of the Board who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care, and the member of the Board who is a representative of the general public must be appointed from areas of the State as follows:
(a) Three of those members must be from Carson City, Douglas County or Washoe County.
(b) Four of those members must be from Clark County.
The Board shall meet whenever necessary to examinethe applicants.Board.
The datesBoard ofmay theconduct examinations mustoutside bethis fixedState,y byand for this purpose may use the Board.facilities of dental colleges.
The Board may conduct examinations outside this State, and for this purpose may use the facilities of dental colleges.
- *SB366_R3* – 11 – Sec.
Appoint such committees, review panels, examiners, officers, employees, agents, attorneys, investigators and other - 80th Session (2019) – 10 – professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter.
Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry [and] , dental therapy or [and] dental hygiene.
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Collect and apply fees as provided in this chapter.
Except as otherwise provided in NRS 6319.68,Maintain631.368, offices in as many localities in the Staterecords asmust itbe findsopen necessary to carrypublic outinspection. the provisions of this chapter.
offices9. or dental laboratories.ne work authorizations in dental Sec.
Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.
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Have discretion to examine work authorizations in dental offices or dental laboratories.
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and (b) One dentist who is a member of the Board and who has supervised a dental therapist or dental hygienist for at least 3 years immediatelythe Board.y preceding his or her appointment to the Committee by the3. Board.
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and - *SB366_R3* – 12 – (2) The licensing of dental therapists and dental hygienists, including, without limitation, requirements relating to the education, examination and discipline of dental therapists and dental hygienists.
- 80th Session (2019) – 11 – Sec.
(c) Evaluates or diagnoses, professes to evaluate or diagnose or treats or professes to treat, surgically or nonsurgically, any of the diseases, disorders, conditions or lesions of the oral cavity, maxillofacial area or the adjacent and associated structures and their impact on the human body;
(f) Takes impressions of the teeth, mouth or gums, unless the suchperson activitiesis withoutauthorized beingby athe licensedregulations dentist;ardof the Board to engage in (g)such Examinesactivities awithout personbeing for,a orlicensed suppliesdentist; artificial teeth as sub(h) Places in the mouth and adjusts or alters artificial teeth;
(g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;
(h) Places in the mouth and adjusts or alters artificial teeth;
(k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensedlic(l) dentist;Determines:
(l) Determines:
or - *SB366_R3* – 13 – (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.
(a) Prevents a dental assistant, dental therapist, dental hygienist or qualified technician from making radiograms or X-ray exposures - 80th Session (2019) – 12 – [or using X-ray radiation or laser radiation] for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.
(c) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratorylab[(c)] upon(d) thePrevents writtenstudents workfrom authorizationperforming ofdental aprocedurestist. licensed dentist.
[(c)] (d) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental therapy or an accredited school of dental assisting.
[(d)] (e) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.
school of dental hygiene or an accredited school of dental [(e)] (f) Prohibits the manufacturing of artificial teeth upon manufacturingreceipt doesof nota requirewritten directauthorization contact with the patient.he [(f)] (g) Prohibits the following entities from owning or operating a dentallicensed officedentist or clinic if the entitymanufacturing compliesdoes withnot therequire provisionsdirect ofcontact NRSwith 631.3452:the patient.
(1)[(f)] A(g) nonprofitProhibits corporation organized pursuant to the provisionsfollowing ofentities chapterfrom 82owning ofor NRSoperating toa provide dental servicesoffice to rural areas and medically underserved populations of migrant or homelessclinic personsif orthe personsentity incomplies ruralwith communities pursuant to the provisions of 42NRS U.S.C.631.3452:
§(1) 254bA nonprofit corporation organized pursuant to the provisions of chapter 82 of NRS to provide dental services to rural areas and medically underserved populations of migrant or 254c.homeless of 42 U.S.C.
§ 254b or 254c.communities pursuant to the provisions (2) A federally-qualified health center as defined in 42 U.S.C.
- *SB366_R3* – 14 – [(g)] (h) Prevents a person who is actively licensed as a dentist in another jurisdiction from treating a patient if:
- 80th Session (2019) – 13 – (2) The dentist treats the patient only during a course of continuing education involving live patients which:
[(h)] (i) Prohibits a person from providing goods or services for the support of the business of a dental practice, office or clinicclinicor owned or operated by a licensed dentist or any entity not prohibited from owning or operating a dental practice, office or clinic if the person does not:
constitute3. the exercise of authority or control over the clinicalat practice of dentistry, including, without limitation, activities which:
licensedThe dentist;Board shall adopt regulations identifying activities that constitute the exercise of authority or control over the clinical practice of dentistry, including, without limitation, activities which:
orty(a) Exert authority or control over the clinical judgment of a (b) Relieve a licensed dentistdentist; of responsibility for the clinical aspects of the dental practice.
Such regulations must not prohibit or regulate(b) aspectsRelieve of the business relationship, other than the clinical practice of dentistry, between a licensed dentist or professional entity organized pursuant to the provisions of chapterresponsibility 89 of NRS and the person or entity providing goods or services for the supportclinical aspects of the business of a dental practice,practice. office or clinic owned or operated by the licensed dentist or professional entity.
Such regulations must not prohibit or regulate aspects of the business relationship, other than the clinical practice of dentistry, between a licensed dentist or professional entity organized pursuant providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by the licensed dentist or professional entity.
- *SB366_R3* – 15 – (c) Submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the - 80th Session (2019) – 14 – fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
The Secretary-Treasurer may, in accordance with regulations adoptedan byapplication theis:rd Board and if the Secretary-Treasurer determines that an(a) applicationSufficient, is:advise the Executive Director of the sufficiency of the application.
(a) Sufficient, advise the Executive Director of the sufficiency of the application.
(a) An applicant for the issuance of a license to practice dentistry , [or] dental hygiene or dental therapy shall include the social security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to practice dentistry , [or] dental hygiene or dental therapy shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.
The statement must be completedcom2. and signed by the applicant.
2.
or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by - *SB366_R3*80th Session (2019) – 1615 – the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actionsactSec. that the applicant may take to satisfy the arrearage.
Sec.
The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to practice dentistry , [or] dental hygiene or dental therapy to a person who(a)who: Is qualified for a license to practice dentistry , [or] dental hygiene or dental therapy in this State;
(c)(a) HasIs enteredqualified intofor a contractlicense with:;to practice dentistry , [or] dental hygiene or dental therapy in this State;
(1)(b) ThePays Nevada System of Higher Education to provide services as a dental intern, dental resident or instructor of dentistry , [or] dental hygiene or dental therapy at an educational or outpatient clinic, hospital or other facility of the Nevadarequired Systemapplication offee; Higher Education;
(c) Has entered into a contract with:
(1) The Nevada System of Higher Education to provide [or] dental hygiene or dental therapy at an educational or outpatientry , clinic, hospital or other facility of the Nevada System of Higher Education;
- 80th Session (2019) – 16 – (d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate;
- *SB366_R3* – 17 – (1) Has a license to practice dentistry , [or] dental hygiene or dental therapy issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;
(2) Presents to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the person has passed, within the 5 years immediately preceding the datethe ofWestern theRegional application,Examining Board;xamination administered by (3) Successfully passes a clinical examination administeredapproved by the WesternBoard Regionaland Examiningthe Board;American Board of Dental Examiners;
(3) Successfully passes a clinical examination approved by the Board and the American Board of Dental Examiners;
(a) Who has been issued a license to practice dentistry , [or] dental hygiene or dental therapy if:
to practice dentistry , [or] (1) The person is involved in a disciplinary action concerning the li(2)lic(2) The license has been revoked or suspended;
- 80th Session (2019) – 17 – (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry , [or] dental hygiene or dental therapy in this State or accept compensation for the practice of dentistry , [or] dental hygiene or dental therapy except such compensation as may be paid to the person by the Nevada System of - *SB366_R3* – 18 – Higher Education or an accredited program of dentistry , [or] dental hygiene or dental therapy for services provided as a dental intern, dental resident or instructor of dentistry , [or] dental hygiene or dental therapy pursuant to paragraph (c) of subsection 1.
4.holds a limited license to engage in the practice of dentistry , [or] dental hygiene or dental therapy in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry , [or] dental hygiene or dental therapy with whom the person is under contract pursuant to paragraph (c) of subsection 1.
The Board may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry , [or] dental hygiene or dental therapy in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry , [or] dental hygiene or dental therapy with whom the person is under contract pursuant to paragraph (c) of subsection 1.
A permit issued pursuant to subsection 4 expires on the date that the holder’s limited license isexpires renewed,and unlessmay thebe holderrenewed nowhen longer satisfies the requirements for the permit.permit.unless the holder no longer satisfies 7.
Within 7 days after the termination of a contract required by paragraph (c) of subsection 1, the holder of a limited license shallyshall notify the Board of the termination, in writing, and surrender the limited license and a permit issued pursuant to this section, if any, to the Board.
- 80th Session (2019) – 18 – Sec.
- *SB366_R3* – 19 – (b) Satisfies the requirements of [NRS 631.290;] section 60.2 of thisthi(c) act;Has practiced dental [hygiene] therapy pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that the person applies for a temporary license;
(c) Has practiced dental [hygiene] therapy pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that the person applies for a temporary license;
2.this section may:to whom a temporary license is issued pursuant to (a) Practice dental [hygiene] therapy for the duration of the temporary license;
Aand person(b) Apply for a permanent license to whompractice dental [hygiene] therapy without a clinical examination required by [NRS 631.300] section 60.4 of this act if the person has held a temporary license isto practice dental [hygiene] therapy issued pursuant to this section may:for at least 2 years.
temporary license;
and [hygiene] therapy for the duration of the (b) Apply for a permanent license to practice dental [hygiene] section 60.4 of this act if the person has held a temporary license to practice dental [hygiene] therapy issued pursuant to this section for at least 2 years.
- 80th Session (2019) – 19 – 4.
Any person who, on July 1, [2006,] 2021, holds a temporary license to practice dental [hygiene] therapy issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental [hygiene] therapy under the temporary license until [December 31, 2008,] July 1, 2023, or until the person is qualified to apply for and is issued or denied a permanent license to practice dental [hygiene] therapy in accordance with this section, whichever period is shorter.
-therapy *SB366_R3*in –accordance 20with –this section, 6.
(b) Two or more boards of county commissioners submit a joint request that the Board of Dental Examiners of Nevada waive thethent requirements of NRS 631.240 or 631.300 or section 60.4 of this act for any applicant intending to practice dentistry , [or] dental hygiene or dental therapy in one or more rural areas within those counties in which dental , [or] dental hygiene or dental therapy needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine;
or (c) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive theorthe a requirements of NRS 631.240 or 631.300 or section 60.4 of this act for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.
- 80th Session (2019) – 20 – 2.
(c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300631(d) [;]Submits orall sectioninformation 60.4required ofto thiscomplete act;an application for a license;
(d)and Submits(e) allSatisfies informationthe requiredrequirements toof completeNRS an631.230. application for a license;
and - *SB366_R3* – 21 – (e) Satisfies the requirements of NRS 631.230.
or (c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry , [or] dental hygiene [,] or dental therapy, in this State, another state or territory of the United States, or the District of Columbia.
A person to whom a restricted geographical license is issued pur(a) May practice dentistry , [or] dental hygiene or dental therapy only in the county or counties which requested the restricted geographical licensure pursuant to thisparagraph section:(a) or (b) of subsection 1.
(a)(b) MayShall not, for the duration of the restricted geographical license, engage in the private practice of dentistry , [or] dental hygiene or dental therapy only in thethis countyState or countiesaccept whichcompensation requestedfor the restrictedpractice geographicalof licensuredentistry pursuant, [or] dental hygiene or dental therapy except such compensation as may be paid to paragraphthe (a)person by a federally qualified health center or (b)nonprofit clinic pursuant to paragraph (c) of subsection 1.
(b) Shall not, for the duration of the restricted geographical hygiene or dental therapy in this State or accept compensation for the practice of dentistry , [or] dental hygiene or dental therapy federally qualified health center or nonprofit clinic pursuant to paragraph (c) of subsection 1.
Within 7 days after the termination of a contract pursuant to paragraph (c) of subsection 1, the holder of a restricted geographical - 80th Session (2019) – 21 – license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.
(a) Has not had a license to practice dentistry , [or] dental hygiene or dental therapy revoked or suspended in this State, another state or territory of the United States, or the District of Col(b) Has not been refused a license to practice dentistry , dental therapy or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;
(b)(c) HasIs not beeninvolved refusedin or does not have pending a disciplinary action concerning a license to practice dentistry , [or] dental therapyhygiene or dental hygienetherapy in this State, another state or territory of the United States, or the District of Columbia;
- *SB366_R3* – 22 – (c) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry , [or] dental hygiene or dental therapy in this State, another state or territory of the United States, or the District of Columbia;
Sec.Secs.
81.81 and 82.
(Deleted by amendment.) Sec.631.313 1.RS 631Except as otherwise provided in NRS 454.217 and 629.086, a licensed dentist may assign to a person in his or her employ who is a dental hygienist, dental therapist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the Board or by the provisions of this chapter.
82.2.
(DeletedThe byperformance amendment.)of Sec.these tasks must be:
83.(a) If performed by a dental assistant or a person, other than a dental therapist or dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.
NRS(b) 631.313If isperformed herebyby amendeda todental readtherapist or dental hygienist, authorized by the licensed dentist of the patient for whom the tasks - 80th Session (2019) – 22 – will be performed, except as follows:otherwise provided in NRS 631.287 .
631.313 1.
Except as otherwise provided in NRS 454.217 and 629.086, a licensed dentist may assign to a person in his or her employ who is a dental hygienist, dental therapist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a reg2.
The performance of these tasks must be:of this chapter.
(a) If performed by a dental assistant or a person, other than a involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.
(b) If performed by a dental therapist or dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed, except as otherwise provided in NRS 631.287.
(c) The administration of general anesthesia, minimal sedation, moderate sedation or deep sedation except as otherwise authorizedauthorized, by regulations adopted by the Board.
- *SB366_R3* – 23 – 4.
Specifying the intraoral tasks that may be assigned by a licensed dentist to a dental therapist, dental hygienist or dental assistant in his or her employ or that may be performed by a dental hygienist or dental therapist engaged in school health activities or employedemp2.yedGoverning bythe apractice publicof healthdentists agency., [and] dental hygienists and dental therapists in full-time employment with the State of Nevada.
2.
Governing the practice of dentists , [and] dental hygienists and dental therapists in full-time employment with the State of Nevada.
and2. 631.275:pt as otherwise provided in NRS 631.271, 631.2715 (a) Each holder of a license to practice dentistry , [or] dental hygien(1) Payment of the required fee;
(2)Except Submissionas ofotherwise proofprovided ofin completionNRS of631.271, the631.2715 requiredand continuing631.275: education;
(a) Each holder of a license to practice dentistry , [or] dental hygiene or dental therapy must, upon:
(1) Payment of the required fee;
- 80th Session (2019) – 23 – (2) Submission of proof of completion of the required continuing education;
Failure to comply with those provisions by June 30 every 2 years automatically suspends the license, and it may be reinstated only upon payment of the fee for reinstatement and compliance with the requirements ofofof this subsection.
- *SB366_R3* – 24 – Sec.
If the Secretary-Treasurer so determines, the Secretary- Treasurer shall thereupon issue the license, and thereafter the person may make application annually for a renewal certificate, as providedprovidedon in this chapter.
(c)(b) The requirementscriteria forused submissionto ofaccredit proofeach ofcourse; attendance at courses.
continuingand education,(c) eachThe licenseerequirements mustfor completesubmission a course of ofproof instruction, within 2 years after initial licensure, relating to the medical consequences of anattendance actat ofcourses. terrorism that involves the use of a weapon of mass destruction.
2.
Except as otherwise provided in subsection 3, as part of continuing education, each licensee must complete a course of - 80th Session (2019) – 24 – instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
(c) Common symptoms and methods of treatment associated withradioactive exposureand to,nuclear oragents;aused injuries caused by, chemical, biological, radioactive(d) Syndromic surveillance and nuclearreporting procedures for acts of terrorism that involve biological agents;
(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents;
- *SB366_R3* – 25 – (a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of continuing education accredited by the National Disaster Life Support Foundation;
(a)NRS “Act202.4415.f of terrorism” has the meaning ascribed to it in (b) “Biological agent” has the meaning ascribed to it in NRS 202.4415.202.442.
(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.
the631.345 Board1. shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:
ApplicationExcept feeas forotherwise anprovided initial license to practice dentistry....................................................................$1,500 Application fee for an initial license to practice dental hygiene ...............................................................750 Application fee for an initial license to practice dental therapy............................................................1,000 Application fee for a specialist’s license to practice dentistry.........................................................................300 Application fee for a limited license or restricted license to practice dentistry , [or] dental hygiene or dental therapy...........................................................300 Fee for administering a clinical examination in dentistry......................................................................2,500NRS Fee631.2715, for administering a clinical examination in dental hygiene or dental therapy...............................1,500 - *SB366_R3* – 26 – Application and examination fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation ............................$750 Fee for any reinspection required by the Board toshall maintainby aregulation permitestablish tofees administer general anesthesia, minimal sedation, moderate sedation or deep sedation.............................................................500 Biennial renewal fee for athe permitperformance to- administer80th generalSession anesthesia,(2019) minimal– sedation,25 moderate– sedation or deep sedation..............................................600 Fee for the inspection of a facility required by the Boardduties toimposed renewupon ait permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation.............................................................350 Fee for the inspection of a facility required by thethis Boardchapter towhich ensuremust compliancenot withexceed infection control guidelines..........................................................500 Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry......................................................................1,000 Annual license renewal fee for a limited license or restricted license to practice dentistry...........................300 Bietemporary license or restricted geographicalnse, license to practice dental hygiene or dental Annual license renewal fee for a limited license to..................................600 practice dental hygiene or dental therapy.....................300 Biennial license renewal fee for an inactive dentist...........400 Biennial license renewal fee for a dentist who is retired or has a disability...............................................100 Biennial license renewal fee for an inactive dental hygienist or dental therapist.........................................200 Biennial license renewal fee for a dental hygienist or dental therapist who is retired or has a disability........................................................................100 Reinstatement fee for a suspended license to practice dentistry , [or] dental hygiene or dental therapy ..........................................................................500 Reinstatement fee for a revoked license to practice dentistry , [or] dental hygiene or dental therapy ..........500 Reinstatement fee to return a dentist , [or] dental hygienist or dental therapist who is inactive, retired or has a disability to active status ......................500 - *SB366_R3* – 27 – Fee for the certificationfollowing ofamounts: a license...................................$50 3 2.
Application fee for an initial license to practice dentistry....................................................................$1,500 Application fee for an initial license to practice dental hygiene ...............................................................750 Application fee for an initial license to practice dental therapy............................................................1,000 Appdentistry.........................................................................300 Application fee for a limited license or restricted license to practice dentistry , [or] dental hygiene or dental therapy...........................................................300 Fee for administering a clinical examination in dentistry......................................................................2,500 Fee for administering a clinical examination in dental hygiene or dental therapy...............................1,500 Application and examination fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation ..............................750 Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation.............................................................500 Biennial renewal fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation..............................................600 Fee for the inspection of a facility required by the anesthesia, minimal sedation, moderate sedation or deep sedation.............................................................350 Fee for the inspection of a facility required by the Board to ensure compliance with infection control guidelines..........................................................500 Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry......................................................................1,000 Annual license renewal fee for a limited license or restricted license to practice dentistry...........................300 - 80th Session (2019) – 26 – Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene or dental therapy ........................................................................$600 Annual license renewal fee for a limited license to practice dental hygiene or dental therapy.....................300 Biennial license renewal fee for an inactive dentist...........400 Biennial license renewal fee for a dentist who is retired or has a disability...............................................100 Biehygienist or dental therapist.........................................200 Biennial license renewal fee for a dental hygienist or dental therapist who is retired or has a disability........................................................................100 Reinstatement fee for a suspended license to practice dentistry , [or] dental hygiene or dental therapy ..........................................................................500 Reinstatement fee for a revoked license to practice dentistry , [or] dental hygiene or dental therapy ..........500 Reinstatement fee to return a dentist , [or] dental hygienist or dental therapist who is inactive, retired or has a disability to active status ......................500 Fee for the certification of a license.....................................50 2.
The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of thethe3.tatAll Statefees aprescribed feein tothis reviewsection aare coursepayable ofin continuingadvance education.and must not be refunded.
3.
All fees prescribed in this section are payable in advance and must not be refunded.
The program is owned or operated by a dental therapist licensed pursuant to this chapter or a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287631.287; ;
Each [dental hygienist] person employed to provide public health dental hygiene pursuant to the program is either a dental - 80th Session (2019) – 27 – therapist licensed pursuant to this chapter or a dental hygienist who holds a special endorsement of his or her license to practice pubSec.public health dental hygiene pursuant to NRS 631.287.
Sec.
631.346 The following acts, among others, constitute unp1.fesEmploying,unprofessional directlyconduct: or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind to treat or correct the teeth or jaws, except as provided in this chapter;
2.1.
ExceptEmploying, directly or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind to treat or correct the teeth or jaws, except as pro2.dedExcept as otherwise provided in NRS 631.287 [,] or 631.3453, giving a public demonstration of methods of practice any place other than the office where the licensee is known to be regularly engaged in this practice;
For a dental hygienist [,] or dental therapist, practicing in any place not authorized pursuant to this chapter;
- *SB366_R3* – 28 – Sec.
Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of anotherstate;r state authorized to regulate the practice of dentistry in that state;4.
4.More than one act by the dentist , [or] dental hygienist [,] or dental therapist constituting substandard care in the practice of dentistry , [or] dental hygiene or dental therapy;
More than one act by the dentist , [or] dental hygienist or dental therapist constituting substandard care in the practice of dentistry , [or] dental hygiene or dental therapy;
- 80th Session (2019) – 28 – (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
orfor Pharmacy pursuant to (c) Is marijuana being used for medical purposes in accordance wit7.chaChronicwith orchapter persistent453A inebrietyof orNRS; addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;
8.7.
ConvictionChronic ofor apersistent felonyinebriety or misdemeanoraddiction involvingto morala turpitudecontrolled orsubstance, whichto relatessuch an extent as to render the practiceperson ofunsafe dentistryor inunreliable thisas State,a practitioner, or convictionsuch ofgross anyimmorality criminalas violationtends ofto thisbri8. chapter;
reConviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;
- *SB366_R3* – 29 – 12.
(a)(b) TheAn licenseact or omission occurs which results in the suspension or revocation of the facilitylicense ispursuant suspendedto orNRS revoked;449.160.
or (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice dentistry , [or] dental hygiene [,] or dental therapy, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the - 80th Session (2019) – 29 – license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to 2.NRS 425.560.
The2. Board shall reinstate a license to practice dentistry , [or] dental hygiene or dental therapy that has been suspended by a dis(a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560;
The Board shall reinstate a license to practice dentistry , [or] dental hygiene or dental therapy that has been suspended by a district court pursuant to NRS 425.540 if:
(a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose suspended has complied with the subpoena or warrant or hase was satisfied the arrearage pursuant to NRS 425.560;
- *SB366_R3* – 30 – (f) Limit a person’s practice to certain branches of dentistry;
(i)compensation;e Require a person to perform community service without compensation;(j) Require a person to take a physical or mental examination or an examination of his or her competence;
(j) Require a person to take a physical or mental examination or an examination of his or her competence;
(a) Engaging in the illegal practice of dentistry , [or] dental hygiene [;] or dental therapy;
- 80th Session (2019) – 30 – (b) Engaging in unprofessional conduct;
The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or savings banks in this State.
disciplinary4. action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
If a hearing officer or panel is not authorized to take the money collected from the imposition of fines with the Statesits Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
- *SB366_R3* – 31 – 1.
Sells or barters, or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists , [or] dental hygienists [;] or dental therapists;
Uses or attempts to use any diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist , [or] a dental hygienist [;] or dental therapist;
- 80th Session (2019) – 31 – 5.
Assumes the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” or appends the letters “D.D.S.” or “D.M.D.” or “R.D.H.” to his or her name, not having conferred upon him or her, by diploma from an accredited dental or dental hygiene college or school legally empowered to confer the title, the right to assume the title, or assumes any title or appends any letters hasto receivedhis aor dentalher degreename orwith license;presentthe intent to represent falsely that he or she 7.has received a dental degree or license;
Willfullyregistration makes,under asthis anchapter, applicanta forfalse examination,statement licensein ora material regard in an affidavit required by this chapter;statementchapter; in a material regard 8.
8.
-631.400 *SB366_R3*1.RS –631A 32person –who Sec.engages in the illegal practice of dentistry in this State is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
96.
NRS 631.400 is hereby amended to read as follows:
631.400 1.
A person who engages in the illegal practice of dentistry in this State is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
- 80th Session (2019) – 32 – (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If it is his or her third or subsequent offense, is guilty of a categoryNRS D193.130.elony felony and shall be punished as provided in NRS4. 193.130.
The Board may assign a person described in subsection 1, 2 or 3 specific duties as a condition of renewing a license.nlicense. 1, 2 5.
If5. a person has engaged or is about to engage in any acts or chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the conduct.
If a person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the conduct.
(b)this Issueparagraph amust citationbe toin writing, describe with particularity theto nature of the person.violation and inform the person of the provisions of this paragraph.
AEach citationactivity issued pursuant to this paragraph must be in writing,which describe with particularity the natureperson ofis theengaged violationconstitutes anda informseparate theoffense personfor ofwhich thea provisionsseparate ofcitation thismay paragraph.be issued.
Each activity in which the person is engaged - *SB366_R3* – 33 – constitutes a separate offense for which a separate citation may be issued.
Sec.Secs.
97.97-133.
(Deleted by amendment.) - 80th Session (2019) – 33 – Sec.
98.
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(Deleted by amendment.) - *SB366_R3* – 34 – Sec.
Section 76 of this act expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending or restricting the use of professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
H~~~~~ 19 - *SB366_R3*80th Session (2019)
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- Enrolled As Enrolled Current pdf
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- Introduced As Introduced pdf
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 532.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 1081.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 31, Nays: 10, Vacant: 1.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. To Senate. In Senate. Assembly Amendment No. 1081 concurred in. To enrollment.
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From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 933.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 17, Nays: 4.) To printer.
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From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 424.) Re-referred to Committee on Finance. To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Julia Ratti · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 366 do?
- AN ACT relating to dental care; establishing the profession of dental therapy governed by the Board of Dental Examiners of Nevada; revising provisions relating to dentistry and dental hygiene; providing penalties; and providing other matters properly relating thereto.
- Who sponsors SB 366?
- SB 366 is sponsored by Julia Ratti.
- What is the current status of SB 366?
- This bill has been enacted into law. Introduced March 19, 2019. Enacted.
- Where can I track SB 366?
- Track SB 366 free on One Click Politics — get push/email alerts when it moves.
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