Assembly Bill No.
489–Committee on
Commerce and Labor
CHAPTER..........
AN ACT relating to dental hygiene; authorizing the issuance of a temporary license to practice dental hygiene; creating the Committee on Dental Hygiene; prescribing the powers and duties of the Committee; expanding the definition of the term “dental hygiene”; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2, 3 and 4, inclusive, of
this act.
Sec. 2. 1. The Board shall, without a practical examination
required by NRS 631.300, issue a temporary license to practice
dental hygiene to a person who:
(a) Has a license to practice dental hygiene issued pursuant to
the laws of another state or territory of the United States, or the
District of Columbia;
(b) Satisfies the requirements of NRS 631.290;
(c) Has practiced dental hygiene pursuant to the laws of
another state or territory of the United States, or the District of
Columbia, for at least 5 years immediately preceding the date that
he applies for a temporary license;
(d) Has not had his license to practice dental hygiene revoked
or suspended in this state, another state or territory of the United
States, or the District of Columbia;
(e) Has not been denied a license to practice dental hygiene in
this state, another state or territory of the United States, or the
District of Columbia;
(f) Is not involved in or does not have pending a disciplinary
action concerning his license to practice dental hygiene in this
state, another state or territory of the United States, or the District
of Columbia;
(g) Pays the application, examination and renewal fees in the
same manner as a person licensed pursuant to NRS 631.300; and
(h) Submits the statement required by NRS 631.225.
2. A person to whom a temporary license is issued pursuant
to this section may:
(a) Practice dental hygiene for the duration of the temporary
license; and
(b) Apply for a permanent license to practice dental hygiene
without a practical examination required by NRS 631.300 if:
(1) The person has held a temporary license to practice
dental hygiene issued pursuant to this section for at least 2 years;
and
(2) The person has not been involved in any disciplinary
action during the time he has held a temporary license issued
pursuant to this section.
3. The Board shall examine each applicant in writing
concerning the contents and interpretation of this chapter and the
regulations of the Board.
Sec. 3. 1. The Committee on Dental Hygiene is hereby
created.
2. The Committee consists of:
(a) The members of the Board who are dental hygienists; and
(b) One dentist who is a member of the Board and who has
supervised a dental hygienist for at least 3 years immediately
preceding his appointment to the Committee by the Board.
3. The Committee:
(a) May accept recommendations from dental hygienists,
dentists and the general public and may meet to review such
recommendations.
(b) May make recommendations to the Board concerning:
(1) The practice of dental hygiene; and
(2) The licensing of dental hygienists, including, without
limitation, requirements relating to the education, examination
and discipline of dental hygienists.
(c) Shall carry out any duties the Board may assign to the
Committee.
Sec. 4. A dentist who provides a written or oral authorization
to a dental hygienist for the provision of services by that dental
hygienist is not required to be present when those services are
provided.
Sec. 5. NRS 631.030 is hereby amended to read as follows:
631.030 “Dental hygiene” means the performance of
educational, preventive and therapeutic periodontal treatment
including scaling, curettage and planing of roots and any related and
required intraoral or extraoral procedures that a dentist is
authorized to assign to a dental hygienist . [he employs.]
Sec. 6. NRS 631.040 is hereby amended to read as follows:
631.040 “Dental hygienist” means any person who practices
the profession of dental hygiene [.] and is licensed pursuant to this
chapter.
Sec. 7. NRS 631.120 is hereby amended to read as follows:
631.120 The Board of Dental Examiners of Nevada, consisting
of [10] 11 members appointed by the Governor, is hereby created.
Sec. 8. NRS 631.130 is hereby amended to read as follows:
631.130 1. The Governor shall appoint:
(a) Seven members who are graduates of accredited dental
schools or colleges, are residents of Nevada and have ethically
engaged in the practice of dentistry in Nevada for a period of at
least 5 years.
(b) [Two] Three members who:
(1) Are graduates of accredited schools or colleges of dental
hygiene;
(2) Are residents of Nevada; and
(3) Have been actively engaged in the practice of dental
hygiene in Nevada for a period of at least 5 years before their
appointment to the Board.
(c) One member who is a representative of the general public.
2. The members who are dental hygienistsmay vote on all
matters but may not participate in examinations for the licensing of
dentists.
3. The member who is a representative of the general public
must not participate in grading any examination required by the
Board.
Sec. 9. NRS 631.140 is hereby amended to read as follows:
631.140 1. The seven members of the Board who are dentists
and the member who is a representative of the general public must
be appointed from areas of the State as follows:
(a) Three of those members must be from Carson City, Douglas
County or Washoe County.
(b) Four of those members must be from Clark County.
(c) One of those members may be from any county of the State.
2. [One of the two] The three members of the Board who are
dental hygienistsmust be appointed from [Clark County; the other
must be appointed from some other county] areas of the State[.] as
follows:
(a) One of those members must be from Carson City, Douglas
County or Washoe County.
(b) One of those members must be from Clark County.
(c) One of those members may be from any county of the State.
Sec. 10. NRS 631.170 is hereby amended to read as follows:
631.170 1. The Board shall meet at least once annually to
examine applicants. The dates of the examinations must be fixed by
the Board. The Board may conduct examinations outside of this
state, and for this purpose may use the facilities of dental colleges,
but all examinations must be conducted by members of the Board or
examiners appointed by the Board.
2. The Board may also meet at such other times and places and
for such other purposes as it may deem proper.
3. A quorum consists of[:
(a) For matters relating to dental hygiene,] five members who
are dentists and [one member who is a dental hygienist.
(b) For all other matters, five members who are dentists.] two
members who are dental hygienists.
Secs. 11-13. (Deleted by amendment.)
Sec. 14. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice
dental hygiene, after having complied with the regulations of the
Board to determine eligibility, must be examined by the Board upon
such subjects as the Board deems necessary and, except as otherwise
provided in NRS 631.271 and 631.274, and section 2 of this act be
given a practical examination in dental hygiene, including, but not
limited to, the removal of deposits from, and the polishing of, the
exposed surface of the teeth.
2. The examination must be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the Board is necessary to test
the qualifications of the applicant.
3. The Board shall examine each applicant in writing on the
contents and interpretation of this chapter and the regulations of the
Board.
4. In lieu of the written examination which may be required by
subsection 2, the Board shall recognize a certificate from the Joint
Commission on National Dental Examinations which contains a
notation that the applicant has passed the National Board Dental
Hygiene Examination with a score of at least 75.
Secs. 15-30. (Deleted by amendment.)
Sec. 31. Section 2 of this act is hereby amended to read as
follows:
Sec. 2. 1. The Board shall, without a practical
examination required by NRS 631.300, issue a temporary
license to practice dental hygiene to a person who:
(a) Has a license to practice dental hygiene issued
pursuant to the laws of another state or territory of the United
States, or the District of Columbia;
(b) Satisfies the requirements of NRS 631.290;
(c) Has practiced dental hygiene pursuant to the laws of
another state or territory of the United States, or the District
of Columbia, for at least 5 years immediately preceding the
date that he applies for a temporary license;
(d) Has not had his license to practice dental hygiene
revoked or suspended in this state, another state or territory of
the United States, or the District of Columbia;
(e) Has not been denied a license to practice dental
hygiene in this state, another state or territory of the United
States, or the District of Columbia;
(f) Is not involved in or does not have pending a
disciplinary action concerning his license to practice dental
hygiene in this state, another state or territory of the United
States, or the District of Columbia; and
(g) Pays the application, examination and renewal fees in
the same manner as a person licensed pursuant to NRS
631.300 . [; and
(h) Submits the statement required by NRS 631.225.]
2. A person to whom a temporary license is issued
pursuant to this section may:
(a) Practice dental hygiene for the duration of the
temporary license; and
(b) Apply for a permanent license to practice dental
hygiene without a practical examination required by NRS
631.300 if:
(1) The person has held a temporary license to practice
dental hygiene issued pursuant to this section for at least 2
years; and
(2) The person has not been involved in any
disciplinary action during the time he has held a temporary
license issued pursuant to this section.
3. The Board shall examine each applicant in writing
concerning the contents and interpretation of this chapter and
the regulations of the Board.
Sec. 32. Section 14 of this act is hereby amended to read as
follows:
Sec. 14. NRS 631.300 is hereby amended to read as
follows:
631.300 1. Any person desiring to obtain a license to
practice dental hygiene, after having complied with the
regulations of the Board to determine eligibility, must be
examined by the Board upon such subjects as the Board
deems necessary and, except as otherwise provided in NRS
631.271 and 631.274, [and section 2 of this act]be given a
practical examination in dental hygiene, including, but not
limited to, the removal of deposits from, and the polishing of,
the exposed surface of the teeth.
2. The examination must be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the Board is necessary
to test the qualifications of the applicant.
3. The Board shall examine each applicant in writing on
the contents and interpretation of this chapter and the
regulations of the Board.
4. In lieu of the written examination which may be
required by subsection 2, the Board shall recognize a
certificate from the Joint Commission on National Dental
Examinations which contains a notation that the applicant has
passed the National Board Dental Hygiene Examination with
a score of at least 75.
Sec. 33. As soon as practicable after October 1, 2003, the
Governor shall appoint to the Board of Dental Examiners of Nevada
pursuant to subsection 2 of NRS 631.140, as amended by this act,
one dental hygienist whose term expires on September 30, 2006.
Sec. 34. 1. This section and sections 1 to 30, inclusive, and
33 of this act become effective on October 1, 2003.
2. Section 2 of this act expires by limitation on September 30,
2005, or on the date on which the provisions of 42 U.S.C. § 666
requiring each state to establish procedures under which the state
has authority to withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to
a proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more
children,
are repealed by the Congress of the United States, whichever occurs
first.
3. Section 31 of this act becomes effective on the date on
which the provisions of 42 U.S.C. § 666 requiring each state to
establish procedures under which the state has authority to withhold
or suspend, or to restrict the use of professional, occupational and
recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to
a proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more
children,
are repealed by the Congress of the United States, and expires by
limitation on September 30, 2005.
4. Section 32 of this act becomes effective on October 1, 2005.
20~~~~~03