Assembly Bill No. 489–Committee on
Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to dental hygiene. (BDR 54‑185)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to dental hygiene; authorizing the issuance of a temporary license to practice dental hygiene; creating the Advisory Committee on Dental Hygiene; prescribing the powers and duties of the Advisory Committee; expanding the definition of the term “dental hygiene”; changing the term “dental hygienist” to “dental hygiene professional”; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 631 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4, inclusive, of

1-3  this act.

1-4  Sec. 2.  1.  The Board shall, without a practical examination

1-5  required by NRS 631.300, issue a temporary license to practice

1-6  dental hygiene to a person who:

1-7  (a) Has a license to practice dental hygiene issued pursuant to

1-8  the laws of another state or territory of the United States, or the

1-9  District of Columbia;

1-10      (b) Satisfies the requirements of NRS 631.290;

1-11      (c) Has practiced dental hygiene pursuant to the laws of

1-12  another state or territory of the United States, or the District of

1-13  Columbia, for at least 5 years immediately preceding the date that

1-14  he applies for a temporary license;

2-1  (d) Has not had his license to practice dental hygiene revoked

2-2  or suspended in this state, another state or territory of the United

2-3  States, or the District of Columbia;

2-4  (e) Has not been denied a license to practice dental hygiene in

2-5  this state, another state or territory of the United States, or the

2-6  District of Columbia;

2-7  (f) Is not involved in or does not have pending a disciplinary

2-8  action concerning his license to practice dental hygiene in this

2-9  state, another state or territory of the United States, or the District

2-10  of Columbia;

2-11      (g) Pays the application, examination and renewal fees in the

2-12  same manner as a person licensed pursuant to NRS 631.300; and

2-13      (h) Submits the statement required by NRS 631.225.

2-14      2.  A person to whom a temporary license is issued pursuant

2-15  to this section may:

2-16      (a) Practice dental hygiene for the duration of the temporary

2-17  license; and

2-18      (b) Apply for a permanent license to practice dental hygiene

2-19  without a practical examination required by NRS 631.300 if:

2-20          (1) The person has held a temporary license to practice

2-21  dental hygiene issued pursuant to this section for at least 2 years;

2-22  and

2-23          (2) The person has not been involved in any disciplinary

2-24  action during the time he has held a temporary license issued

2-25  pursuant to this section.

2-26      3.  The Board shall examine each applicant in writing

2-27  concerning the contents and interpretation of this chapter and the

2-28  regulations of the Board.

2-29      Sec. 3.  1.  The Advisory Committee on Dental Hygiene,

2-30  consisting of four members, is hereby created.

2-31      2.  The Advisory Committee consists of:

2-32      (a) The three members of the Board who are dental hygiene

2-33  professionals; and

2-34      (b) One dentist who is a member of the Board and who has

2-35  supervised a dental hygiene professional for at least 3 years

2-36  immediately preceding his appointment to the Advisory Committee

2-37  by the Board.

2-38      3.  The Advisory Committee:

2-39      (a) May provide advice and make recommendations to the

2-40  Board concerning:

2-41          (1) The practice of dental hygiene; and

2-42          (2) The licensing of dental hygiene professionals,

2-43  including, without limitation, requirements relating to the

2-44  education, examination and discipline of dental hygiene

2-45  professionals.

3-1  (b) Shall carry out any duties the Board may assign to the

3-2  Advisory Committee.

3-3  Sec. 4.  A dentist who provides a written or oral authorization

3-4  to a dental hygiene professional for the provision of services by

3-5  that dental hygiene professional is not required to be present when

3-6  those services are provided.

3-7  Sec. 5.  NRS 631.030 is hereby amended to read as follows:

3-8  631.030 “Dental hygiene” means [the] :

3-9  (a) The performance of educational, preventive and therapeutic

3-10  periodontal treatment including scaling, curettage and planing of

3-11  roots ;

3-12      (b) The collection, analysis and organization of data

3-13  concerning patients, including, without limitation, data that is

3-14  obtained through surveys and oral screening, to identify oral

3-15  health problems and the oral health needs of patients, and to

3-16  facilitate the establishment of plans pursuant to paragraph (c);

3-17      (c) The establishment of plans that are designed to addressed

3-18  the oral health needs of patients, which include realistic goals and

3-19  strategies for treating patients, and that are based on the

3-20  collection, analysis and organization of data concerning patients;

3-21      (d) The evaluation of the effectiveness of plans established

3-22  pursuant to paragraph (c), including, without limitation,

3-23  evaluations based on information obtained through reevaluations

3-24  of the oral health status of patients, the subsequent oral health

3-25  needs of patients, the provision of continuing care to patients and

3-26  surveys of patient satisfaction including, without limitation,

3-27  whether patients refer the oral health services to other persons;

3-28  and [any]

3-29      (e) Any related and required intraoral or extraoral procedures

3-30  that a dentist is authorized to assign to a dental [hygienist he

3-31  employs.] hygiene professional.

3-32      Sec. 6.  NRS 631.040 is hereby amended to read as follows:

3-33      631.040  “Dental [hygienist”] hygiene professional” means any

3-34  person who practices dental hygiene[.] and is licensed pursuant to

3-35  this chapter.

3-36      Sec. 7.  NRS 631.120 is hereby amended to read as follows:

3-37      631.120  The Board of Dental Examiners of Nevada, consisting

3-38  of [10] 11 members appointed by the Governor, is hereby created.

3-39      Sec. 8.  NRS 631.130 is hereby amended to read as follows:

3-40      631.130  1.  The Governor shall appoint:

3-41      (a) Seven members who are graduates of accredited dental

3-42  schools or colleges, are residents of Nevada and have ethically

3-43  engaged in the practice of dentistry in Nevada for a period of at

3-44  least 5 years.

3-45      (b) [Two] Three members who:

4-1       (1) Are graduates of accredited schools or colleges of dental

4-2  hygiene;

4-3       (2) Are residents of Nevada; and

4-4       (3) Have been actively engaged in the practice of dental

4-5  hygiene in Nevada for a period of at least 5 years before their

4-6  appointment to the Board.

4-7  (c) One member who is a representative of the general public.

4-8  2.  The members who are dental [hygienists] hygiene

4-9  professionals may vote on all matters but may not participate in

4-10  examinations for the licensing of dentists.

4-11      3.  The member who is a representative of the general public

4-12  must not participate in grading any examination required by the

4-13  Board.

4-14      Sec. 9.  NRS 631.140 is hereby amended to read as follows:

4-15      631.140  1.  The seven members of the Board who are dentists

4-16  and the member who is a representative of the general public must

4-17  be appointed from areas of the State as follows:

4-18      (a) Three of those members must be from Carson City, Douglas

4-19  County or Washoe County.

4-20      (b) Four of those members must be from Clark County.

4-21      (c) One of those members may be from any county of the State.

4-22      2.  [One of the two] The three members of the Board who are

4-23  dental [hygienists] hygiene professionals must be appointed from

4-24  [Clark County; the other must be appointed from some other

4-25  county] areas of the State[.] as follows:

4-26      (a) One of those members must be from Carson City, Douglas

4-27  County or Washoe County.

4-28      (b) One of those members must be from Clark County.

4-29      (c) One of those members may be from any county of the State.

4-30      Sec. 10.  NRS 631.170 is hereby amended to read as follows:

4-31      631.170  1.  The Board shall meet at least once annually to

4-32  examine applicants. The dates of the examinations must be fixed by

4-33  the Board. The Board may conduct examinations outside of this

4-34  state, and for this purpose may use the facilities of dental colleges,

4-35  but all examinations must be conducted by members of the Board or

4-36  examiners appointed by the Board.

4-37      2.  The Board may also meet at such other times and places and

4-38  for such other purposes as it may deem proper.

4-39      3.  A quorum consists of[:

4-40      (a) For matters relating to dental hygiene,] five members who

4-41  are dentists and [one member who is a dental hygienist.

4-42      (b) For all other matters, five members who are dentists.] two

4-43  members who are dental hygiene professionals.

 

 

5-1  Sec. 11.  NRS 631.190 is hereby amended to read as follows:

5-2  631.190  In addition to the powers and duties provided in this

5-3  chapter, the Board : [shall:]

5-4  1. Shall:

5-5  (a) Adopt rules and regulations necessary to carry out the

5-6  provisions of this chapter.

5-7  [2.] (b) Appoint such committees, examiners, officers,

5-8  employees, agents, attorneys, investigators and other professional

5-9  consultants and define their duties and incur such expense as it may

5-10  deem proper or necessary to carry out the provisions of this chapter,

5-11  the expense to be paid as provided in this chapter.

5-12      [3.] (c) Fix the time and place for and conduct examinations for

5-13  the granting of licenses to practice dentistry and dental hygiene.

5-14      [4.] (d) Examine applicants for licenses to practice dentistry and

5-15  dental hygiene.

5-16      [5.] (e) Collect and apply fees as provided in this chapter.

5-17      [6.] (f) Keep a register of all dentists and dental [hygienists]

5-18  hygiene professionals licensed in this state, together with their

5-19  addresses, license numbers and renewal certificate numbers.

5-20      [7.] (g) Have and use a common seal.

5-21      [8.] (h) Keep such records as may be necessary to report the acts

5-22  and proceedings of the Board. Except as otherwise provided in NRS

5-23  631.368, the records must be open to public inspection.

5-24      [9.] (i) Maintain offices in as many localities in the State as it

5-25  finds necessary to carry out the provisions of this chapter.

5-26      [10. Have discretion to]

5-27      2.  May examine work authorizations in dental offices or dental

5-28  laboratories.

5-29      Sec. 12.  NRS 631.215 is hereby amended to read as follows:

5-30      631.215  1.  Any person shall be deemed to be practicing

5-31  dentistry who:

5-32      (a) Uses words or any letters or title in connection with his name

5-33  which in any way represents him as engaged in the practice of

5-34  dentistry, or any branch thereof;

5-35      (b) Advertises or permits to be advertised by any medium that

5-36  he can or will attempt to perform dental operations of any kind;

5-37      (c) Diagnoses, professes to diagnose or treats or professes to

5-38  treat any of the diseases or lesions of the oral cavity, teeth, gingiva

5-39  or the supporting structures thereof;

5-40      (d) Extracts teeth;

5-41      (e) Corrects malpositions of the teeth or jaws;

5-42      (f) Takes impressions of the teeth, mouth or gums other than as

5-43  authorized by the regulations of the Board;

5-44      (g) Examines a person for, or supplies artificial teeth as

5-45  substitutes for natural teeth;

6-1  (h) Places in the mouth and adjusts or alters artificial teeth;

6-2  (i) Does any practice included in the clinical dental curricula of

6-3  accredited dental colleges or a residency program for those colleges;

6-4  (j) Administers or prescribes such remedies, medicinal or

6-5  otherwise, as are needed in the treatment of dental or oral diseases;

6-6  (k) Uses X-ray radiation for dental treatment or dental

6-7  diagnostic purposes; or

6-8  (l) Determines:

6-9       (1) Whether a particular treatment is necessary or advisable;

6-10  or

6-11          (2) Which particular treatment is necessary or advisable.

6-12      2.  Nothing in this section:

6-13      (a) Prevents a dental assistant, dental [hygienist] hygiene

6-14  professional or X-ray technician from making radiograms or X-ray

6-15  exposures for diagnostic purposes upon the direction of a licensed

6-16  dentist.

6-17      (b) Prohibits the performance of mechanical work, on inanimate

6-18  objects only, by any person employed in or operating a dental

6-19  laboratory upon the written work authorization of a licensed dentist.

6-20      (c) Prevents students from performing dental procedures that are

6-21  part of the curricula of an accredited dental school or college or an

6-22  accredited school of dental hygiene or an accredited school of dental

6-23  assisting.

6-24      (d) Prevents a licensed dentist or dental [hygienist] hygiene

6-25  professional from another state or country from appearing as a

6-26  clinician for demonstrating certain methods of technical procedures

6-27  before a dental society or organization, convention or dental college

6-28  or an accredited school of dental hygiene or an accredited school of

6-29  dental assisting.

6-30      (e) Prohibits the manufacturing of artificial teeth upon receipt of

6-31  a written authorization from a licensed dentist if the manufacturing

6-32  does not require direct contact with the patient.

6-33      Sec. 13.  NRS 631.287 is hereby amended to read as follows:

6-34      631.287  1.  The Board shall, upon application by a dental

6-35  [hygienist who is licensed pursuant to this chapter and] hygiene

6-36  professional who has such qualifications as the Board specifies by

6-37  regulation, issue a special endorsement of his license allowing him

6-38  to practice public health dental hygiene pursuant to subsection 2.

6-39      2.  The State Dental Health Officer may authorize a person who

6-40  holds a special endorsement issued pursuant to subsection 1 to

6-41  provide or cause to be provided such services for the promotion of

6-42  public health dental hygiene as the State Dental Health Officer

6-43  deems appropriate. Such services:

7-1  (a) May be provided at schools, community centers, hospitals,

7-2  nursing homes and such other locations as the State Dental Health

7-3  Officer deems appropriate.

7-4  (b) May not be provided at a dental office that is not operated by

7-5  a public or nonprofit entity.

7-6  Sec. 14.  NRS 631.300 is hereby amended to read as follows:

7-7  631.300  1.  Any person desiring to obtain a license to practice

7-8  dental hygiene, after having complied with the regulations of the

7-9  Board to determine eligibility, must be examined by the Board upon

7-10  such subjects as the Board deems necessary and, except as otherwise

7-11  provided in NRS 631.271 and 631.274, and section 2 of this act be

7-12  given a practical examination in dental hygiene, including, but not

7-13  limited to, the removal of deposits from, and the polishing of, the

7-14  exposed surface of the teeth.

7-15      2.  The examination must be:

7-16      (a) Written, oral or a combination of both; and

7-17      (b) Practical, as in the opinion of the Board is necessary to test

7-18  the qualifications of the applicant.

7-19      3.  The Board shall examine each applicant in writing on the

7-20  contents and interpretation of this chapter and the regulations of the

7-21  Board.

7-22      4.  In lieu of the written examination which may be required by

7-23  subsection 2, the Board shall recognize a certificate from the Joint

7-24  Commission on National Dental Examinations which contains a

7-25  notation that the applicant has passed the National Board Dental

7-26  Hygiene Examination with a score of at least 75.

7-27      Sec. 15.  NRS 631.310 is hereby amended to read as follows:

7-28      631.310  1.  Except as otherwise provided in NRS 631.271

7-29  and 631.287, the holder of a license or renewal certificate to practice

7-30  dental hygiene may practice dental hygiene in this state in the

7-31  following places:

7-32      (a) In the office of any licensed dentist.

7-33      (b) In a clinic or in clinics in the public schools of this state as

7-34  an employee of the Health Division of the Department of Human

7-35  Resources.

7-36      (c) In a clinic or in clinics in a state institution as an employee of

7-37  the institution.

7-38      (d) In a clinic established by a hospital approved by the Board as

7-39  an employee of the hospital where service is rendered only to

7-40  patients of the hospital, and upon the authorization of a member of

7-41  the dental staff.

7-42      (e) In an accredited school of dental hygiene.

7-43      (f) In other places if specified in a regulation adopted by the

7-44  Board.

8-1  2.  A dental [hygienist] hygiene professional may perform only

8-2  the services which are authorized by a dentist licensed in the State

8-3  of Nevada, unless otherwise provided in a regulation adopted by the

8-4  Board.

8-5  3.  Except as otherwise provided in NRS 631.287 or

8-6  specifically authorized by a regulation adopted by the Board, a

8-7  dental [hygienist] hygiene professional shall not provide services to

8-8  a person unless that person is a patient of the dentist who authorized

8-9  the performance of those services.

8-10      Sec. 16.  NRS 631.313 is hereby amended to read as follows:

8-11      631.313  1.  A licensed dentist may assign to a person in his

8-12  employ who is a dental [hygienist,] hygiene professional, dental

8-13  assistant or other person directly or indirectly involved in the

8-14  provision of dental care only such intraoral tasks as may be

8-15  permitted by a regulation of the Board or by the provisions of this

8-16  chapter.

8-17      2.  The performance of these tasks must be:

8-18      (a) If performed by a dental assistant or a person, other than a

8-19  dental [hygienist,] hygiene professional, who is directly or

8-20  indirectly involved in the provision of dental care, under the

8-21  supervision of the licensed dentist who made the assignment.

8-22      (b) If performed by a dental [hygienist,] hygiene professional,

8-23  authorized by the licensed dentist of the patient for whom the tasks

8-24  will be performed, except as otherwise provided in NRS 631.287.

8-25      3.  No such assignment is permitted that requires:

8-26      (a) The diagnosis, treatment planning, prescribing of drugs or

8-27  medicaments, or authorizing the use of restorative, prosthodontic or

8-28  orthodontic appliances.

8-29      (b) Surgery on hard or soft tissues within the oral cavity or any

8-30  other intraoral procedure that may contribute to or result in an

8-31  irremediable alteration of the oral anatomy.

8-32      (c) The administration of general anesthesia, conscious sedation

8-33  or deep sedation except as otherwise authorized by regulations

8-34  adopted by the Board.

8-35      (d) The performance of a task outside the authorized scope of

8-36  practice of the employee who is being assigned the task.

8-37      4.  A dental [hygienist] hygiene professional may, pursuant to

8-38  regulations adopted by the Board, administer local anesthesia or

8-39  nitrous oxide in a health care facility, as defined in NRS 449.800, if:

8-40      (a) He is so authorized by the licensed dentist of the patient to

8-41  whom the local anesthesia or nitrous oxide is administered; and

8-42      (b) The health care facility has licensed medical personnel and

8-43  necessary emergency supplies and equipment available when the

8-44  local anesthesia or nitrous oxide is administered.

 

9-1  Sec. 17.  NRS 631.317 is hereby amended to read as follows:

9-2  631.317  The Board shall adopt rules or regulations:

9-3  1.  Specifying the intraoral tasks that may be assigned by a

9-4  licensed dentist to a dental [hygienist] hygiene professional or

9-5  dental assistant in his employ or that may be performed by a dental

9-6  [hygienist] hygiene professional engaged in school health activities

9-7  or employed by a public health agency.

9-8  2.  Governing the practice of dentists and dental [hygienists]

9-9  hygiene professionals in full-time employment with the State of

9-10  Nevada.

9-11      Sec. 18.  NRS 631.345 is hereby amended to read as follows:

9-12      631.345  1.  The Board shall by regulation establish fees for

9-13  the performance of the duties imposed upon it by this chapter which

9-14  must not exceed the following amounts:

 

9-15  Examination fee for a license to practice dentistry  $750

9-16  Examination fee for a license to practice dental

9-17  hygiene................................................. 150

9-18  Application fee for a specialist license125

9-19  Application fee for a limited or restricted license   125

9-20  Application and examination fee for a permit to

9-21  administer general anesthesia, conscious sedation

9-22  or deep sedation.................................. 500

9-23  Fee for any reinspection required by the Board to

9-24  maintain a permit to administer general

9-25  anesthesia, conscious sedation or deep sedation  250

9-26  Annual renewal fee for a permit to administer

9-27  general anesthesia, conscious sedation or deep

9-28  sedation................................................ 100

9-29  Fee for the inspection of a facility required by the

9-30  Board to renew a permit to administer general

9-31  anesthesia, conscious sedation or deep sedation  100

9-32  Annual license renewal fee for a general dentist

9-33  or specialist......................................... 300

9-34  Annual license renewal fee for a dental

9-35  [hygienist] hygiene professional....... 150

9-36  Annual license renewal fee for a limited license100

9-37  Annual license renewal fee for an inactive dentist  100

9-38  Annual license renewal fee for a retired or

9-39  disabled dentist...................................... 25

9-40  Annual license renewal fee for an inactive dental

9-41  [hygienist] hygiene professional......... 25

10-1  Annual license renewal fee for a retired or

10-2  disabled dental [hygienist] hygiene professional    $25

10-3  Reinstatement fee for a suspended license to

10-4  practice dentistry or dental hygiene.... 200

10-5  Reinstatement fee for a revoked license to

10-6  practice dentistry or dental hygiene.... 500

10-7  Reinstatement fee to return an inactive, retired or

10-8  disabled dentist or dental [hygienist] hygiene

10-9  professional to active status.............. 200

10-10  Fee for the certification of a license.... 50

 

10-11     2.  Except as otherwise provided in this subsection, the Board

10-12  shall charge a fee to review a course of continuing education for

10-13  accreditation. The fee must not exceed $150 per credit hour of the

10-14  proposed course. The Board shall not charge a nonprofit

10-15  organization or an agency of the State or of a political subdivision of

10-16  the State a fee to review a course of continuing education.

10-17     3.  All fees prescribed in this section are payable in advance and

10-18  must not be refunded.

10-19     Sec. 19.  NRS 631.346 is hereby amended to read as follows:

10-20     631.346  The following acts, among others, constitute

10-21  unprofessional conduct:

10-22     1.  Employing, directly or indirectly, any student or any

10-23  suspended or unlicensed dentist or dental [hygienist] hygiene

10-24  professional to perform operations of any kind to treat or correct the

10-25  teeth or jaws, except as provided in this chapter;

10-26     2.  Except as otherwise provided in NRS 631.287, giving a

10-27  public demonstration of methods of practice any place other than the

10-28  office where the licensee is known to be regularly engaged in this

10-29  practice;

10-30     3.  Employing, procuring, inducing, aiding or abetting a person

10-31  not licensed or registered as a dentist to engage in the practice of

10-32  dentistry, but a patient shall not be deemed to be an accomplice,

10-33  employer, procurer, inducer, aider or abettor;

10-34     4.  For a dental [hygienist,] hygiene professional, practicing in

10-35  any place not authorized pursuant to this chapter; or

10-36     5.  Practicing while his license is suspended or without a

10-37  renewal certificate.

10-38     Sec. 20.  NRS 631.3465 is hereby amended to read as follows:

10-39     631.3465  The following acts, among others, constitute

10-40  unprofessional conduct:

10-41     1.  Dividing fees or agreeing to divide fees received for services

10-42  with any person for bringing or referring a patient, without the

11-1  knowledge of the patient or his legal representative, but licensed

11-2  dentists are not prohibited from:

11-3      (a) Practicing in a partnership and sharing professional fees;

11-4      (b) Employing another licensed dentist or dental [hygienist;]

11-5  hygiene professional; or

11-6      (c) Rendering services as a member of a nonprofit professional

11-7  service corporation.

11-8      2.  Associating with or lending his name to any person engaged

11-9  in the illegal practice of dentistry or associating with any person,

11-10  firm or corporation holding himself or itself out in any manner

11-11  contrary to the provisions of this chapter.

11-12     3.  Associating with or being employed by a person not licensed

11-13  pursuant to this chapter if that person exercises control over the

11-14  services offered by the dentist, owns all or part of the dentist’s

11-15  practice or receives or shares the fees received by the dentist. The

11-16  provisions of this subsection do not apply to a dentist who

11-17  associates with or is employed by a person who owns or controls a

11-18  dental practice pursuant to NRS 631.385.

11-19     4.  Using the name “clinic,” “institute,” “referral services” or

11-20  other title or designation that may suggest a public or semipublic

11-21  activity.

11-22     5.  Practicing under the name of a dentist who has not been in

11-23  active practice for more than 1 year.

11-24     Sec. 21.  NRS 631.3475 is hereby amended to read as follows:

11-25     631.3475  The following acts, among others, constitute

11-26  unprofessional conduct:

11-27     1.  Malpractice;

11-28     2.  Professional incompetence;

11-29     3.  Suspension or revocation of his license to practice dentistry,

11-30  the imposition of a fine or other disciplinary action by any agency of

11-31  another state authorized to regulate the practice of dentistry in that

11-32  state;

11-33     4.  More than one act by the dentist or dental [hygienist]

11-34  hygiene professional constituting substandard care in the practice of

11-35  dentistry or dental hygiene;

11-36     5.  Administering, dispensing or prescribing any controlled

11-37  substance or any dangerous drug as defined in chapter 454 of NRS,

11-38  if it is not required to treat the dentist’s patient;

11-39     6.  Chronic or persistent inebriety or addiction to a controlled

11-40  substance, to such an extent as to render him unsafe or unreliable as

11-41  a practitioner, or such gross immorality as tends to bring reproach

11-42  upon the dental profession;

11-43     7.  Conviction of a felony or misdemeanor involving moral

11-44  turpitude or which relates to the practice of dentistry in this state, or

11-45  conviction of any criminal violation of this chapter; or

12-1      8.  Conviction of violating any of the provisions of NRS

12-2  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

12-3  inclusive.

12-4      Sec. 22.  NRS 631.390 is hereby amended to read as follows:

12-5      631.390  Except as otherwise provided in subsection 2 of NRS

12-6  631.317, this chapter does not apply to:

12-7      1.  A legally qualified physician or surgeon unless he practices

12-8  dentistry as a specialty.

12-9      2.  A dentist or dental [hygienist] hygiene professional of the

12-10  United States Army, Navy, Air Force, Public Health Service, Coast

12-11  Guard or Department of Veterans Affairs in the discharge of his

12-12  official duty.

12-13     Sec. 23.  NRS 631.395 is hereby amended to read as follows:

12-14     631.395  A person is guilty of the illegal practice of dentistry or

12-15  dental hygiene who:

12-16     1.  Sells or barters, or offers to sell or barter, any diploma or

12-17  document conferring or purporting to confer any dental degree, or

12-18  any certificate or transcript made or purporting to be made pursuant

12-19  to the laws regulating the licensing and registration of dentists or

12-20  dental [hygienists;] hygiene professionals;

12-21     2.  Purchases or procures by barter any such diploma, certificate

12-22  or transcript, with the intent that it be used as evidence of the

12-23  holder’s qualifications to practice dentistry, or in fraud of the laws

12-24  regulating that practice;

12-25     3.  With fraudulent intent, alters in a material regard any such

12-26  diploma, certificate or transcript;

12-27     4.  Uses or attempts to use any diploma, certificate or transcript,

12-28  which has been purchased, fraudulently issued, counterfeited or

12-29  materially altered, either as a license or color of license to practice

12-30  dentistry, or in order to procure registration as a dentist or a dental

12-31  [hygienist;] hygiene professional;

12-32     5.  Practices dentistry under a false or assumed name;

12-33     6.  Assumes the degree of “Doctor of Dental Surgery” or

12-34  “Doctor of Dental Medicine” or appends the letters “D.D.S.” or

12-35  “D.M.D.” or “R.D.H.” to his name, not having conferred upon him,

12-36  by diploma from an accredited dental or dental hygiene college or

12-37  school legally empowered to confer the title, the right to assume the

12-38  title[;] or assumes any title or appends any letters to his name with

12-39  the intent to represent falsely that he has received a dental degree or

12-40  license;

12-41     7.  Willfully makes, as an applicant for examination, license or

12-42  registration under this chapter, a false statement in a material regard

12-43  in an affidavit required by this chapter;

12-44     8.  Within 10 days after a demand is made by the Secretary-

12-45  Treasurer, fails to furnish to the Board the names and addresses of

13-1  all persons practicing or assisting in the practice of dentistry in the

13-2  office of the person at any time within 60 days before the notice,

13-3  together with a sworn statement showing under and by what license

13-4  or authority the person and his employee are and have been

13-5  practicing dentistry, but the affidavit must not be used as evidence

13-6  against the person in any proceeding under this chapter;

13-7      9.  Except as otherwise provided in NRS 629.091, practices

13-8  dentistry or dental hygiene in this state without a license;

13-9      10.  Except as otherwise provided in NRS 631.385, owns or

13-10  controls a dental practice, shares in the fees received by a dentist or

13-11  controls or attempts to control the services offered by a dentist if the

13-12  person is not himself licensed pursuant to this chapter; or

13-13     11.  Aids or abets another in violating any of the provisions of

13-14  this chapter.

13-15     Sec. 24.  NRS 632.472 is hereby amended to read as follows:

13-16     632.472  1.  The following persons shall report in writing to

13-17  the Executive Director of the Board any conduct of a licensee or

13-18  holder of a certificate which constitutes a violation of the provisions

13-19  of this chapter:

13-20     (a) Any physician, dentist, dental [hygienist,] hygiene

13-21  professional, chiropractor, optometrist, podiatric physician, medical

13-22  examiner, resident, intern, professional or practical nurse, nursing

13-23  assistant, physician assistant, psychiatrist, psychologist, marriage

13-24  and family therapist, alcohol or drug abuse counselor, driver of an

13-25  ambulance, advanced emergency medical technician or other person

13-26  providing medical services licensed or certified to practice in this

13-27  state.

13-28     (b) Any personnel of a medical facility or facility for the

13-29  dependent engaged in the admission, examination, care or treatment

13-30  of persons or an administrator, manager or other person in charge of

13-31  a medical facility or facility for the dependent upon notification by a

13-32  member of the staff of the facility.

13-33     (c) A coroner.

13-34     (d) Any person who maintains or is employed by an agency to

13-35  provide nursing in the home.

13-36     (e) Any employee of the Department of Human Resources.

13-37     (f) Any employee of a law enforcement agency or a county’s

13-38  office for protective services or an adult or juvenile probation

13-39  officer.

13-40     (g) Any person who maintains or is employed by a facility or

13-41  establishment that provides care for older persons.

13-42     (h) Any person who maintains, is employed by or serves as a

13-43  volunteer for an agency or service which advises persons regarding

13-44  the abuse, neglect or exploitation of an older person and refers them

13-45  to persons and agencies where their requests and needs can be met.

14-1      (i) Any social worker.

14-2      2.  Every physician who, as a member of the staff of a medical

14-3  facility or facility for the dependent, has reason to believe that a

14-4  nursing assistant has engaged in conduct which constitutes grounds

14-5  for the denial, suspension or revocation of a certificate shall notify

14-6  the superintendent, manager or other person in charge of the facility.

14-7  The superintendent, manager or other person in charge shall make a

14-8  report as required in subsection 1.

14-9      3.  A report may be filed by any other person.

14-10     4.  Any person who in good faith reports any violation of the

14-11  provisions of this chapter to the Executive Director of the Board

14-12  pursuant to this section is immune from civil liability for reporting

14-13  the violation.

14-14     Sec. 25.  NRS 200.5093 is hereby amended to read as follows:

14-15     200.5093  1.  Any person who is described in subsection 4 and

14-16  who, in his professional or occupational capacity, knows or has

14-17  reasonable cause to believe that an older person has been abused,

14-18  neglected, exploited or isolated shall:

14-19     (a) Except as otherwise provided in subsection 2, report the

14-20  abuse, neglect, exploitation or isolation of the older person to:

14-21         (1) The local office of the Aging Services Division of the

14-22  Department of Human Resources;

14-23         (2) A police department or sheriff’s office;

14-24         (3) The county’s office for protective services, if one exists

14-25  in the county where the suspected action occurred; or

14-26         (4) A toll-free telephone service designated by the Aging

14-27  Services Division of the Department of Human Resources; and

14-28     (b) Make such a report as soon as reasonably practicable but not

14-29  later than 24 hours after the person knows or has reasonable cause to

14-30  believe that the older person has been abused, neglected, exploited

14-31  or isolated.

14-32     2.  If a person who is required to make a report pursuant to

14-33  subsection 1 knows or has reasonable cause to believe that the

14-34  abuse, neglect, exploitation or isolation of the older person involves

14-35  an act or omission of the Aging Services Division, another division

14-36  of the Department of Human Resources or a law enforcement

14-37  agency, the person shall make the report to an agency other than the

14-38  one alleged to have committed the act or omission.

14-39     3.  Each agency, after reducing a report to writing, shall forward

14-40  a copy of the report to the Aging Services Division of the

14-41  Department of Human Resources.

14-42     4.  A report must be made pursuant to subsection 1 by the

14-43  following persons:

14-44     (a) Every physician, dentist, dental [hygienist,] hygiene

14-45  professional, chiropractor, optometrist, podiatric physician, medical

15-1  examiner, resident, intern, professional or practical nurse, physician

15-2  assistant, psychiatrist, psychologist, marriage and family therapist,

15-3  alcohol or drug abuse counselor, driver of an ambulance, advanced

15-4  emergency medical technician or other person providing medical

15-5  services licensed or certified to practice in this state, who examines,

15-6  attends or treats an older person who appears to have been abused,

15-7  neglected, exploited or isolated.

15-8      (b) Any personnel of a hospital or similar institution engaged in

15-9  the admission, examination, care or treatment of persons or an

15-10  administrator, manager or other person in charge of a hospital or

15-11  similar institution upon notification of the suspected abuse, neglect,

15-12  exploitation or isolation of an older person by a member of the staff

15-13  of the hospital.

15-14     (c) A coroner.

15-15     (d) Every clergyman, practitioner of Christian Science or

15-16  religious healer, unless he acquired the knowledge of abuse, neglect,

15-17  exploitation or isolation of the older person from the offender during

15-18  a confession.

15-19     (e) Every person who maintains or is employed by an agency to

15-20  provide nursing in the home.

15-21     (f) Every attorney, unless he has acquired the knowledge of

15-22  abuse, neglect, exploitation or isolation of the older person from a

15-23  client who has been or may be accused of such abuse, neglect,

15-24  exploitation or isolation.

15-25     (g) Any employee of the Department of Human Resources.

15-26     (h) Any employee of a law enforcement agency or a county’s

15-27  office for protective services or an adult or juvenile probation

15-28  officer.

15-29     (i) Any person who maintains or is employed by a facility or

15-30  establishment that provides care for older persons.

15-31     (j) Any person who maintains, is employed by or serves as a

15-32  volunteer for an agency or service which advises persons regarding

15-33  the abuse, neglect, exploitation or isolation of an older person and

15-34  refers them to persons and agencies where their requests and needs

15-35  can be met.

15-36     (k) Every social worker.

15-37     (l) Any person who owns or is employed by a funeral home or

15-38  mortuary.

15-39     5.  A report may be made by any other person.

15-40     6.  If a person who is required to make a report pursuant to

15-41  subsection 1 knows or has reasonable cause to believe that an older

15-42  person has died as a result of abuse, neglect or isolation, the person

15-43  shall, as soon as reasonably practicable, report this belief to the

15-44  appropriate medical examiner or coroner, who shall investigate the

15-45  cause of death of the older person and submit to the appropriate

16-1  local law enforcement agencies, the appropriate prosecuting

16-2  attorney and the Aging Services Division of the Department of

16-3  Human Resources his written findings. The written findings must

16-4  include the information required pursuant to the provisions of NRS

16-5  200.5094, when possible.

16-6      7.  A division, office or department which receives a report

16-7  pursuant to this section shall cause the investigation of the report to

16-8  commence within 3 working days. A copy of the final report of the

16-9  investigation conducted by a division, office or department, other

16-10  than the Aging Services Division of the Department of Human

16-11  Resources, must be forwarded to the Aging Services Division within

16-12  90 days after the completion of the report.

16-13     8.  If the investigation of a report results in the belief that an

16-14  older person is abused, neglected, exploited or isolated, the Aging

16-15  Services Division of the Department of Human Resources or the

16-16  county’s office for protective services may provide protective

16-17  services to the older person if he is able and willing to accept them.

16-18     9.  A person who knowingly and willfully violates any of the

16-19  provisions of this section is guilty of a misdemeanor.

16-20     Sec. 26.  NRS 432B.220 is hereby amended to read as follows:

16-21     432B.220  1.  Any person who is described in subsection 3

16-22  and who, in his professional or occupational capacity, knows or has

16-23  reasonable cause to believe that a child has been abused or neglected

16-24  shall:

16-25     (a) Except as otherwise provided in subsection 2, report the

16-26  abuse or neglect of the child to an agency which provides child

16-27  welfare services or to a law enforcement agency; and

16-28     (b) Make such a report as soon as reasonably practicable but not

16-29  later than 24 hours after the person knows or has reasonable cause to

16-30  believe that the child has been abused or neglected.

16-31     2.  If a person who is required to make a report pursuant to

16-32  subsection 1 knows or has reasonable cause to believe that the abuse

16-33  or neglect of the child involves an act or omission of:

16-34     (a) A person directly responsible or serving as a volunteer for or

16-35  an employee of a public or private home, institution or facility

16-36  where the child is receiving child care outside of his home for a

16-37  portion of the day, the person shall make the report to a law

16-38  enforcement agency.

16-39     (b) An agency which provides child welfare services or a law

16-40  enforcement agency, the person shall make the report to an agency

16-41  other than the one alleged to have committed the act or omission,

16-42  and the investigation of the abuse or neglect of the child must be

16-43  made by an agency other than the one alleged to have committed the

16-44  act or omission.

17-1      3.  A report must be made pursuant to subsection 1 by the

17-2  following persons:

17-3      (a) A physician, dentist, dental [hygienist,] hygiene

17-4  professional, chiropractor, optometrist, podiatric physician, medical

17-5  examiner, resident, intern, professional or practical nurse, physician

17-6  assistant, psychiatrist, psychologist, marriage and family therapist,

17-7  alcohol or drug abuse counselor, advanced emergency medical

17-8  technician or other person providing medical services licensed or

17-9  certified in this state;

17-10     (b) Any personnel of a hospital or similar institution engaged in

17-11  the admission, examination, care or treatment of persons or an

17-12  administrator, manager or other person in charge of a hospital or

17-13  similar institution upon notification of suspected abuse or neglect of

17-14  a child by a member of the staff of the hospital;

17-15     (c) A coroner;

17-16     (d) A clergyman, practitioner of Christian Science or religious

17-17  healer, unless he has acquired the knowledge of the abuse or neglect

17-18  from the offender during a confession;

17-19     (e) A social worker and an administrator, teacher, librarian or

17-20  counselor of a school;

17-21     (f) Any person who maintains or is employed by a facility or

17-22  establishment that provides care for children, children’s camp or

17-23  other public or private facility, institution or agency furnishing care

17-24  to a child;

17-25     (g) Any person licensed to conduct a foster home;

17-26     (h) Any officer or employee of a law enforcement agency or an

17-27  adult or juvenile probation officer;

17-28     (i) An attorney, unless he has acquired the knowledge of the

17-29  abuse or neglect from a client who is or may be accused of the abuse

17-30  or neglect;

17-31     (j) Any person who maintains, is employed by or serves as a

17-32  volunteer for an agency or service which advises persons regarding

17-33  abuse or neglect of a child and refers them to persons and agencies

17-34  where their requests and needs can be met; and

17-35     (k) Any person who is employed by or serves as a volunteer for

17-36  an approved youth shelter. As used in this paragraph, “approved

17-37  youth shelter” has the meaning ascribed to it in NRS 244.422.

17-38     4.  A report may be made by any other person.

17-39     5.  If a person who is required to make a report pursuant to

17-40  subsection 1 knows or has reasonable cause to believe that a child

17-41  has died as a result of abuse or neglect, the person shall, as soon as

17-42  reasonably practicable, report this belief to the appropriate medical

17-43  examiner or coroner, who shall investigate the report and submit to

17-44  an agency which provides child welfare services his written

17-45  findings. The written findings must include, if obtainable, the

18-1  information required pursuant to the provisions of subsection 2 of

18-2  NRS 432B.230.

18-3      Sec. 27.  NRS 439.272 is hereby amended to read as follows:

18-4      439.272  1.  The Health Division shall appoint a State Dental

18-5  Health Officer, who is in the unclassified service of the State. The

18-6  State Dental Health Officer must:

18-7      (a) Be a resident of this state;

18-8      (b) Hold a current license to practice dentistry issued pursuant to

18-9  chapter 631 of NRS; and

18-10     (c) Be appointed on the basis of his education, training and

18-11  experience and his interest in public dental health and related

18-12  programs.

18-13     2.  The State Dental Health Officer shall:

18-14     (a) Determine the needs of the residents of this state for public

18-15  dental health;

18-16     (b) Provide the Health Division with advice regarding public

18-17  dental health;

18-18     (c) Make recommendations to the Health Division and the

18-19  Legislature regarding programs in this state for public dental health;

18-20     (d) Supervise the activities of the State Public Health Dental

18-21  [Hygienist;] Hygiene Professional; and

18-22     (e) Seek such information and advice from a dental school of the

18-23  University and Community College System of Nevada as necessary

18-24  to carry out his duties.

18-25     3.  Except as otherwise provided in this subsection, the State

18-26  Dental Health Officer shall devote all of his time to the business of

18-27  his office and shall not pursue any other business or vocation or

18-28  hold any other office of profit. Notwithstanding the provisions of

18-29  NRS 281.127 and 284.143, the State Dental Health Officer may

18-30  engage in academic instruction, research and studies at a dental

18-31  school of the University and Community College System of

18-32  Nevada.

18-33     4.  The Health Division may solicit and accept gifts and grants

18-34  to pay the costs associated with the position of State Dental Health

18-35  Officer.

18-36     Sec. 28.  NRS 439.279 is hereby amended to read as follows:

18-37     439.279  1.  The Health Division shall appoint a State Public

18-38  Health Dental [Hygienist,] Hygiene Professional, who is in the

18-39  unclassified service of the State. The State Public Health Dental

18-40  [Hygienist] Hygiene Professional must:

18-41     (a) Be a resident of this state;

18-42     (b) Hold a current license to practice dental hygiene issued

18-43  pursuant to chapter 631 of NRS with a special endorsement issued

18-44  pursuant to NRS 631.287; and

19-1      (c) Be appointed on the basis of his education, training and

19-2  experience and his interest in public health dental hygiene and

19-3  related programs.

19-4      2.  The State Public Health Dental [Hygienist:] Hygiene

19-5  Professional:

19-6      (a) Shall assist the State Dental Health Officer in carrying out

19-7  his duties; and

19-8      (b) May:

19-9          (1) Make recommendations to the Health Division regarding

19-10  programs in this state for public health dental hygiene; and

19-11         (2) Perform any acts authorized pursuant to NRS 631.287.

19-12     3.  Except as otherwise provided in this subsection, the State

19-13  Public Health Dental [Hygienist] Hygiene Professional shall devote

19-14  all of his time to the business of his office and shall not pursue any

19-15  other business or vocation or hold any other office of profit.

19-16  Notwithstanding the provisions of NRS 281.127 and 284.143, the

19-17  State Public Health Dental [Hygienist] Hygiene Professional may

19-18  engage in academic instruction, research and studies in a program of

19-19  the University and Community College System of Nevada.

19-20     4.  The Health Division may solicit and accept gifts and grants

19-21  to pay the costs associated with the position of State Public Health

19-22  Dental [Hygienist.] Hygiene Professional.

19-23     Sec. 29.  NRS 454.213 is hereby amended to read as follows:

19-24     454.213  A drug or medicine referred to in NRS 454.181 to

19-25  454.371, inclusive, may be possessed and administered by:

19-26     1.  A practitioner.

19-27     2.  A physician assistant at the direction of his supervising

19-28  physician or a licensed dental [hygienist] hygiene professional

19-29  acting in the office of and under the supervision of a dentist.

19-30     3.  Except as otherwise provided in subsection 4, a registered

19-31  nurse licensed to practice professional nursing or licensed practical

19-32  nurse, at the direction of a prescribing physician, physician assistant,

19-33  dentist, podiatric physician or advanced practitioner of nursing, or

19-34  pursuant to a chart order, for administration to a patient at another

19-35  location.

19-36     4.  In accordance with applicable regulations of the Board, a

19-37  registered nurse licensed to practice professional nursing or licensed

19-38  practical nurse who is:

19-39     (a) Employed by a health care agency or health care facility that

19-40  is authorized to provide emergency care, or to respond to the

19-41  immediate needs of a patient, in the residence of the patient; and

19-42     (b) Acting under the direction of the medical director of that

19-43  agency or facility who works in this state.

19-44     5.  An intermediate emergency medical technician or an

19-45  advanced emergency medical technician, as authorized by

20-1  regulation of the State Board of Pharmacy and in accordance with

20-2  any applicable regulations of:

20-3      (a) The State Board of Health in a county whose population is

20-4  less than 100,000;

20-5      (b) A county board of health in a county whose population is

20-6  100,000 or more; or

20-7      (c) A district board of health created pursuant to NRS 439.370

20-8  in any county.

20-9      6.  A respiratory therapist employed in a health care facility.

20-10  The therapist may possess and administer respiratory products only

20-11  at the direction of a physician.

20-12     7.  A dialysis technician, under the direction or supervision of a

20-13  physician or registered nurse only if the drug or medicine is used for

20-14  the process of renal dialysis.

20-15     8.  A medical student or student nurse in the course of his

20-16  studies at an approved college of medicine or school of professional

20-17  or practical nursing, at the direction of a physician and:

20-18     (a) In the presence of a physician or a registered nurse; or

20-19     (b) Under the supervision of a physician or a registered nurse if

20-20  the student is authorized by the college or school to administer the

20-21  drug or medicine outside the presence of a physician or

20-22  nurse.

20-23  A medical student or student nurse may administer a dangerous drug

20-24  in the presence or under the supervision of a registered nurse alone

20-25  only if the circumstances are such that the registered nurse would be

20-26  authorized to administer it personally.

20-27     9.  Any person designated by the head of a correctional

20-28  institution.

20-29     10.  An ultimate user or any person designated by the ultimate

20-30  user pursuant to a written agreement.

20-31     11.  A nuclear medicine technologist, at the direction of a

20-32  physician and in accordance with any conditions established by

20-33  regulation of the Board.

20-34     12.  A radiologic technologist, at the direction of a physician

20-35  and in accordance with any conditions established by regulation of

20-36  the Board.

20-37     13.  A chiropractic physician, but only if the drug or medicine

20-38  is a topical drug used for cooling and stretching external tissue

20-39  during therapeutic treatments.

20-40     14.  A physical therapist, but only if the drug or medicine is a

20-41  topical drug which is:

20-42     (a) Used for cooling and stretching external tissue during

20-43  therapeutic treatments; and

20-44     (b) Prescribed by a licensed physician for:

20-45         (1) Iontophoresis; or

21-1          (2) The transmission of drugs through the skin using

21-2  ultrasound.

21-3      15.  In accordance with applicable regulations of the State

21-4  Board of Health, an employee of a residential facility for groups, as

21-5  defined in NRS 449.017, pursuant to a written agreement entered

21-6  into by the ultimate user.

21-7      16.  A veterinary technician at the direction of his supervising

21-8  veterinarian.

21-9      17.  In accordance with applicable regulations of the Board, a

21-10  registered pharmacist who:

21-11     (a) Is trained in and certified to carry out standards and practices

21-12  for immunization programs;

21-13     (b) Is authorized to administer immunizations pursuant to

21-14  written protocols from a physician; and

21-15     (c) Administers immunizations in compliance with the

21-16  “Standards of Immunization Practices” recommended and approved

21-17  by the United States Public Health Service Advisory Committee on

21-18  Immunization Practices.

21-19     Sec. 30.  NRS 695D.040 is hereby amended to read as follows:

21-20     695D.040  “Dentist” includes a dental [hygienist.] hygiene

21-21  professional.

21-22     Sec. 31.  Section 2 of this act is hereby amended to read as

21-23  follows:

21-24    Sec. 2.  1.  The Board shall, without a practical

21-25  examination required by NRS 631.300, issue a temporary

21-26  license to practice dental hygiene to a person who:

21-27    (a) Has a license to practice dental hygiene issued

21-28  pursuant to the laws of another state or territory of the United

21-29  States, or the District of Columbia;

21-30    (b) Satisfies the requirements of NRS 631.290;

21-31    (c) Has practiced dental hygiene pursuant to the laws of

21-32  another state or territory of the United States, or the District

21-33  of Columbia, for at least 5 years immediately preceding the

21-34  date that he applies for a temporary license;

21-35    (d) Has not had his license to practice dental hygiene

21-36  revoked or suspended in this state, another state or territory

21-37  of the United States, or the District of Columbia;

21-38    (e) Has not been denied a license to practice dental

21-39  hygiene in this state, another state or territory of the United

21-40  States, or the District of Columbia;

21-41    (f) Is not involved in or does not have pending a

21-42  disciplinary action concerning his license to practice dental

21-43  hygiene in this state, another state or territory of the United

21-44  States, or the District of Columbia; and

22-1     (g) Pays the application, examination and renewal fees in

22-2  the same manner as a person licensed pursuant to NRS

22-3  631.300 . [; and

22-4     (h) Submits the statement required by NRS 631.225.]

22-5     2.  A person to whom a temporary license is issued

22-6  pursuant to this section may:

22-7     (a) Practice dental hygiene for the duration of the

22-8  temporary license; and

22-9     (b) Apply for a permanent license to practice dental

22-10  hygiene without a practical examination required by NRS

22-11  631.300 if:

22-12        (1) The person has held a temporary license to practice

22-13  dental hygiene issued pursuant to this section for at least 2

22-14  years; and

22-15        (2) The person has not been involved in any

22-16  disciplinary action during the time he has held a temporary

22-17  license issued pursuant to this section.

22-18    3.  The Board shall examine each applicant in writing

22-19  concerning the contents and interpretation of this chapter and

22-20  the regulations of the Board.

22-21     Sec. 32.  Section 14 of this act is hereby amended to read as

22-22  follows:

22-23     Sec. 14.  NRS 631.300 is hereby amended to read as

22-24  follows:

22-25     631.300  1.  Any person desiring to obtain a license to

22-26  practice dental hygiene, after having complied with the

22-27  regulations of the Board to determine eligibility, must be

22-28  examined by the Board upon such subjects as the Board

22-29  deems necessary and, except as otherwise provided in NRS

22-30  631.271 and 631.274, [and section 2 of this act]be given a

22-31  practical examination in dental hygiene, including, but not

22-32  limited to, the removal of deposits from, and the polishing of,

22-33  the exposed surface of the teeth.

22-34     2.  The examination must be:

22-35     (a) Written, oral or a combination of both; and

22-36     (b) Practical, as in the opinion of the Board is necessary

22-37  to test the qualifications of the applicant.

22-38     3.  The Board shall examine each applicant in writing on

22-39  the contents and interpretation of this chapter and the

22-40  regulations of the Board.

22-41     4.  In lieu of the written examination which may be

22-42  required by subsection 2, the Board shall recognize a

22-43  certificate from the Joint Commission on National Dental

22-44  Examinations which contains a notation that the applicant has

23-1  passed the National Board Dental Hygiene Examination with

23-2  a score of at least 75.

23-3      Sec. 33.  As soon as practicable after October 1, 2003, the

23-4  Governor shall appoint to the Board of Dental Examiners of Nevada

23-5  pursuant to subsection 2 of NRS 631.140, as amended by this act,

23-6  one dental hygiene professional whose term expires on

23-7  September 30, 2006.

23-8      Sec. 34.  1.  This section and sections 1 to 30, inclusive, and

23-9  33 of this act become effective on October 1, 2003.

23-10     2.  Section 2 of this act expires by limitation on September 30,

23-11  2005, or on the date on which the provisions of 42 U.S.C. § 666

23-12  requiring each state to establish procedures under which the state

23-13  has authority to withhold or suspend, or to restrict the use of

23-14  professional, occupational and recreational licenses of persons who:

23-15     (a) Have failed to comply with a subpoena or warrant relating to

23-16  a proceeding to determine the paternity of a child or to establish or

23-17  enforce an obligation for the support of a child; or

23-18     (b) Are in arrears in the payment for the support of one or more

23-19  children,

23-20  are repealed by the Congress of the United States, whichever occurs

23-21  first.

23-22     3.  Section 31 of this act becomes effective on the date on

23-23  which the provisions of 42 U.S.C. § 666 requiring each state to

23-24  establish procedures under which the state has authority to withhold

23-25  or suspend, or to restrict the use of professional, occupational and

23-26  recreational licenses of persons who:

23-27     (a) Have failed to comply with a subpoena or warrant relating to

23-28  a proceeding to determine the paternity of a child or to establish or

23-29  enforce an obligation for the support of a child; or

23-30     (b) Are in arrears in the payment for the support of one or more

23-31  children,

23-32  are repealed by the Congress of the United States, and expires by

23-33  limitation on September 30, 2005.

23-34     4.  Section 32 of this act becomes effective on October 1, 2005.

 

23-35  H