(Reprinted with amendments adopted on April 18, 2003)

 

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 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:

 

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 Committee on Dental Hygiene is hereby

2-30  created.

2-31      2.  The Committee consists of:

2-32      (a) The members of the Board who are dental hygienists; and

2-33      (b) One dentist who is a member of the Board and who has

2-34  supervised a dental hygienist for at least 3 years immediately

2-35  preceding his appointment to the Committee by the Board.

2-36      3.  The Committee:

2-37      (a) May accept recommendations from dental hygienists,

2-38  dentists and the general public and may meet to review such

2-39  recommendations.

2-40      (b) May make recommendations to the Board concerning:

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

2-42          (2) The licensing of dental hygienists, including, without

2-43  limitation, requirements relating to the education, examination

2-44  and discipline of dental hygienists.

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

3-2  Committee.

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

3-4  to a dental hygienist for the provision of services by that dental

3-5  hygienist is not required to be present when those services are

3-6  provided.

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

3-8  631.030  “Dental hygiene” means the performance of

3-9  educational, preventive and therapeutic periodontal treatment

3-10  including scaling, curettage and planing of roots and any related and

3-11  required intraoral or extraoral procedures that a dentist is

3-12  authorized to assign to a dental hygienist . [he employs.]

3-13      Sec. 6.  NRS 631.040 is hereby amended to read as follows:

3-14      631.040  “Dental hygienist” means any person who practices

3-15  the profession of dental hygiene [.] and is licensed pursuant to this

3-16  chapter.

3-17      Sec. 7.  NRS 631.120 is hereby amended to read as follows:

3-18      631.120  The Board of Dental Examiners of Nevada, consisting

3-19  of [10] 11 members appointed by the Governor, is hereby created.

3-20      Sec. 8.  NRS 631.130 is hereby amended to read as follows:

3-21      631.130  1.  The Governor shall appoint:

3-22      (a) Seven members who are graduates of accredited dental

3-23  schools or colleges, are residents of Nevada and have ethically

3-24  engaged in the practice of dentistry in Nevada for a period of at

3-25  least 5 years.

3-26      (b) [Two] Three members who:

3-27          (1) Are graduates of accredited schools or colleges of dental

3-28  hygiene;

3-29          (2) Are residents of Nevada; and

3-30          (3) Have been actively engaged in the practice of dental

3-31  hygiene in Nevada for a period of at least 5 years before their

3-32  appointment to the Board.

3-33      (c) One member who is a representative of the general public.

3-34      2.  The members who are dental hygienistsmay vote on all

3-35  matters but may not participate in examinations for the licensing of

3-36  dentists.

3-37      3.  The member who is a representative of the general public

3-38  must not participate in grading any examination required by the

3-39  Board.

3-40      Sec. 9.  NRS 631.140 is hereby amended to read as follows:

3-41      631.140  1.  The seven members of the Board who are dentists

3-42  and the member who is a representative of the general public must

3-43  be appointed from areas of the State as follows:

3-44      (a) Three of those members must be from Carson City, Douglas

3-45  County or Washoe County.

4-1  (b) Four of those members must be from Clark County.

4-2  (c) One of those members may be from any county of the State.

4-3  2.  [One of the two] The three members of the Board who are

4-4  dental hygienistsmust be appointed from [Clark County; the other

4-5  must be appointed from some other county] areas of the State[.] as

4-6  follows:

4-7  (a) One of those members must be from Carson City, Douglas

4-8  County or Washoe County.

4-9  (b) One of those members must be from Clark County.

4-10      (c) One of those members may be from any county of the State.

4-11      Sec. 10.  NRS 631.170 is hereby amended to read as follows:

4-12      631.170  1.  The Board shall meet at least once annually to

4-13  examine applicants. The dates of the examinations must be fixed by

4-14  the Board. The Board may conduct examinations outside of this

4-15  state, and for this purpose may use the facilities of dental colleges,

4-16  but all examinations must be conducted by members of the Board or

4-17  examiners appointed by the Board.

4-18      2.  The Board may also meet at such other times and places and

4-19  for such other purposes as it may deem proper.

4-20      3.  A quorum consists of[:

4-21      (a) For matters relating to dental hygiene,] five members who

4-22  are dentists and [one member who is a dental hygienist.

4-23      (b) For all other matters, five members who are dentists.] two

4-24  members who are dental hygienists.

4-25      Secs. 11-13. (Deleted by amendment.)

4-26      Sec. 14.  NRS 631.300 is hereby amended to read as follows:

4-27      631.300  1.  Any person desiring to obtain a license to practice

4-28  dental hygiene, after having complied with the regulations of the

4-29  Board to determine eligibility, must be examined by the Board upon

4-30  such subjects as the Board deems necessary and, except as otherwise

4-31  provided in NRS 631.271 and 631.274, and section 2 of this act be

4-32  given a practical examination in dental hygiene, including, but not

4-33  limited to, the removal of deposits from, and the polishing of, the

4-34  exposed surface of the teeth.

4-35      2.  The examination must be:

4-36      (a) Written, oral or a combination of both; and

4-37      (b) Practical, as in the opinion of the Board is necessary to test

4-38  the qualifications of the applicant.

4-39      3.  The Board shall examine each applicant in writing on the

4-40  contents and interpretation of this chapter and the regulations of the

4-41  Board.

4-42      4.  In lieu of the written examination which may be required by

4-43  subsection 2, the Board shall recognize a certificate from the Joint

4-44  Commission on National Dental Examinations which contains a

5-1  notation that the applicant has passed the National Board Dental

5-2  Hygiene Examination with a score of at least 75.

5-3  Secs. 15-30. (Deleted by amendment.)

5-4  Sec. 31.  Section 2 of this act is hereby amended to read as

5-5  follows:

5-6  Sec. 2.  1.  The Board shall, without a practical

5-7  examination required by NRS 631.300, issue a temporary

5-8  license to practice dental hygiene to a person who:

5-9  (a) Has a license to practice dental hygiene issued

5-10  pursuant to the laws of another state or territory of the United

5-11  States, or the District of Columbia;

5-12      (b) Satisfies the requirements of NRS 631.290;

5-13      (c) Has practiced dental hygiene pursuant to the laws of

5-14  another state or territory of the United States, or the District

5-15  of Columbia, for at least 5 years immediately preceding the

5-16  date that he applies for a temporary license;

5-17      (d) Has not had his license to practice dental hygiene

5-18  revoked or suspended in this state, another state or territory of

5-19  the United States, or the District of Columbia;

5-20      (e) Has not been denied a license to practice dental

5-21  hygiene in this state, another state or territory of the United

5-22  States, or the District of Columbia;

5-23      (f) Is not involved in or does not have pending a

5-24  disciplinary action concerning his license to practice dental

5-25  hygiene in this state, another state or territory of the United

5-26  States, or the District of Columbia; and

5-27      (g) Pays the application, examination and renewal fees in

5-28  the same manner as a person licensed pursuant to NRS

5-29  631.300 . [; and

5-30      (h) Submits the statement required by NRS 631.225.]

5-31      2.  A person to whom a temporary license is issued

5-32  pursuant to this section may:

5-33      (a) Practice dental hygiene for the duration of the

5-34  temporary license; and

5-35      (b) Apply for a permanent license to practice dental

5-36  hygiene without a practical examination required by NRS

5-37  631.300 if:

5-38          (1) The person has held a temporary license to practice

5-39  dental hygiene issued pursuant to this section for at least 2

5-40  years; and

5-41          (2) The person has not been involved in any

5-42  disciplinary action during the time he has held a temporary

5-43  license issued pursuant to this section.

6-1  3.  The Board shall examine each applicant in writing

6-2  concerning the contents and interpretation of this chapter and

6-3  the regulations of the Board.

6-4  Sec. 32.  Section 14 of this act is hereby amended to read as

6-5  follows:

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

6-7  follows:

6-8  631.300  1.  Any person desiring to obtain a license to

6-9  practice dental hygiene, after having complied with the

6-10  regulations of the Board to determine eligibility, must be

6-11  examined by the Board upon such subjects as the Board

6-12  deems necessary and, except as otherwise provided in NRS

6-13  631.271 and 631.274, [and section 2 of this act]be given a

6-14  practical examination in dental hygiene, including, but not

6-15  limited to, the removal of deposits from, and the polishing of,

6-16  the exposed surface of the teeth.

6-17      2.  The examination must be:

6-18      (a) Written, oral or a combination of both; and

6-19      (b) Practical, as in the opinion of the Board is necessary

6-20  to test the qualifications of the applicant.

6-21      3.  The Board shall examine each applicant in writing on

6-22  the contents and interpretation of this chapter and the

6-23  regulations of the Board.

6-24      4.  In lieu of the written examination which may be

6-25  required by subsection 2, the Board shall recognize a

6-26  certificate from the Joint Commission on National Dental

6-27  Examinations which contains a notation that the applicant has

6-28  passed the National Board Dental Hygiene Examination with

6-29  a score of at least 75.

6-30      Sec. 33.  As soon as practicable after October 1, 2003, the

6-31  Governor shall appoint to the Board of Dental Examiners of Nevada

6-32  pursuant to subsection 2 of NRS 631.140, as amended by this act,

6-33  one dental hygienist whose term expires on September 30, 2006.

6-34      Sec. 34.  1.  This section and sections 1 to 30, inclusive, and

6-35  33 of this act become effective on October 1, 2003.

6-36      2.  Section 2 of this act expires by limitation on September 30,

6-37  2005, or on the date on which the provisions of 42 U.S.C. § 666

6-38  requiring each state to establish procedures under which the state

6-39  has authority to withhold or suspend, or to restrict the use of

6-40  professional, occupational and recreational licenses of persons who:

6-41      (a) Have failed to comply with a subpoena or warrant relating to

6-42  a proceeding to determine the paternity of a child or to establish or

6-43  enforce an obligation for the support of a child; or

6-44      (b) Are in arrears in the payment for the support of one or more

6-45  children,

7-1  are repealed by the Congress of the United States, whichever occurs

7-2  first.

7-3  3.  Section 31 of this act becomes effective on the date on

7-4  which the provisions of 42 U.S.C. § 666 requiring each state to

7-5  establish procedures under which the state has authority to withhold

7-6  or suspend, or to restrict the use of professional, occupational and

7-7  recreational licenses of persons who:

7-8  (a) Have failed to comply with a subpoena or warrant relating to

7-9  a proceeding to determine the paternity of a child or to establish or

7-10  enforce an obligation for the support of a child; or

7-11      (b) Are in arrears in the payment for the support of one or more

7-12  children,

7-13  are repealed by the Congress of the United States, and expires by

7-14  limitation on September 30, 2005.

7-15      4.  Section 32 of this act becomes effective on October 1, 2005.

 

7-16  H