NRS: CHAPTER 631 - DENTISTRY, DENTAL HYGIENE, DENTAL THERAPY AND EXPANDED FUNCTION DENTAL ASSISTANCE

[Rev. 6/29/2024 4:45:04 PM--2023]

CHAPTER 631 - DENTISTRY, DENTAL HYGIENE, DENTAL THERAPY AND EXPANDED FUNCTION DENTAL ASSISTANCE

GENERAL PROVISIONS

NRS 631.005 Definitions.

NRS 631.015 “Accredited” defined.

NRS 631.020 “Board” defined.

NRS 631.027 “Deep sedation” defined.

NRS 631.030 “Dental hygiene” defined.

NRS 631.040 “Dental hygienist” defined.

NRS 631.045 “Dental therapist” defined.

NRS 631.047 “Dental therapy” defined.

NRS 631.049 “Dentistry” defined.

NRS 631.051 “Distant site” defined.

NRS 631.052 “Expanded function dental assistance” defined.

NRS 631.053 “Expanded function dental assistant” defined.

NRS 631.055 “General anesthesia” defined.

NRS 631.070 “License” defined.

NRS 631.075 “Malpractice” defined.

NRS 631.078 “Minimal sedation” defined.

NRS 631.079 “Moderate sedation” defined.

NRS 631.083 “Originating site” defined.

NRS 631.085 “Preponderance of the evidence” defined.

NRS 631.095 “Professional incompetence” defined.

NRS 631.100 “Renewal certificate” defined.

NRS 631.101 “Restorative dental hygiene” defined.

NRS 631.103 “Screening, brief intervention and referral to treatment approach” defined.

NRS 631.105 “Supervision by a dentist” defined.

NRS 631.107 “Teledentistry” defined.

NRS 631.109 “Telehealth” defined.

NRS 631.115 Applicability of chapter.

BOARD OF DENTAL EXAMINERS OF NEVADA

NRS 631.120 Creation.

NRS 631.130 Qualifications of members.

NRS 631.140 Appointment of members from particular areas of State.

NRS 631.150 Grounds for removal of member from office.

NRS 631.160 Officers and Executive Director.

NRS 631.170 Examination of applicants; restriction on participation in grading examinations; meetings; quorum.

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

NRS 631.180 Salary of members; per diem allowance and travel expenses of members and employees; deposit and expenditure of fees.

NRS 631.190 Powers and duties.

NRS 631.195 Fiscal year.

COMMITTEE ON DENTAL HYGIENE AND DENTAL THERAPY

NRS 631.205 Creation; membership; powers and duties.

LICENSES

NRS 631.215 Persons deemed to be practicing dentistry; regulations regarding clinical practice of dentistry.

NRS 631.220 Application for license: Filing; contents; approval or rejection without Board review; regulations.

NRS 631.225 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 631.225 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 631.230 Eligibility of applicant for license to practice dentistry.

NRS 631.240 Examination for license to practice dentistry; issuance of certificate of registration.

NRS 631.250 Issuance of specialist’s license to dentist licensed in this State.

NRS 631.255 Issuance of specialist’s license to person without required clinical examination; revocation.

NRS 631.260 Issuance of licenses by Board.

NRS 631.265 Permit to administer or supervise administration of general anesthesia, minimal sedation, moderate sedation or deep sedation; regulations.

NRS 631.267 Authorization for qualified dentist to perform physical evaluation and compile medical history of patient before hospital admission; hospital prohibited from refusing to accept.

NRS 631.271 Limited license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance; permit authorizing certain persons to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance; regulations.

NRS 631.2715 Limited license to supervise certain courses of continuing education.

NRS 631.272 Temporary license to practice dentistry.

NRS 631.273 Temporary license to practice dental therapy.

NRS 631.274 Restricted geographical license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance.

NRS 631.275 Restricted license to practice dentistry at facility that provides dental services to persons of low income.

NRS 631.280 Limitation on reexamination of applicant for license to practice dentistry who fails examination twice.

NRS 631.285 Special endorsement of license to administer immunizations: Application by qualified dentist, dental hygienist or dental therapist; issuance; approval of course of training; authorized actions.

NRS 631.2851 Special endorsement of license to administer immunizations: Standing order; policies and procedures for handling and disposing equipment; plan and access to equipment for addressing emergencies; reporting of severe reactions; compliance with certain instructions and guidelines.

NRS 631.2852 Special endorsement of license to administer immunizations: Provision of certain information, obtaining of consent and review of patient medical history required before administration of immunization; duty to act in conformance with requested examination and evaluation of patient by physician, physician assistant or advanced practice registered nurse.

NRS 631.2853 Special endorsement of license to administer immunizations: Content and maintenance of patient records.

NRS 631.287 Special endorsement of license to practice public health dental hygiene: Application by qualified dental hygienist; issuance; renewal; provision or supervision of services; regulations.

NRS 631.288 Special endorsement of license to practice restorative dental hygiene: Application by qualified dental hygienist; issuance; renewal; limitations on practice.

NRS 631.290 Dental hygienists: Eligibility to apply for license.

NRS 631.300 Dental hygienists: Examination; issuance of certificate of registration.

NRS 631.310 Dental hygienists: Places of practice; limitations on performance and provision of services.

NRS 631.3105 Dental hygienists: Authorization to prescribe or dispense certain drugs and devices; limitations and prohibitions; regulations.

NRS 631.311 Dentist not required to be present when dental hygienist provides services authorized by dentist.

NRS 631.312 Dental therapists: Eligibility to apply for license.

NRS 631.3121 Dental therapists: Examination; issuance of certificate of registration.

NRS 631.3122 Dental therapists: Practice settings; written practice agreement with authorizing dentist required; limitations on provision of services; qualifications of authorizing dentist.

NRS 631.3123 Dental therapists: Required provisions of written practice agreement.

NRS 631.3124 Dental therapists: Authorized services; referral of patient to authorizing dentist for certain purposes; supervision of dental assistants and dental hygienists.

NRS 631.3125 Dental therapists: Additional authorized care and services.

NRS 631.3126 Dental therapists: Arrangements for or referrals of patients to other dental or health care professionals in certain circumstances.

NRS 631.3127 Dental therapists: Prohibition on prescription of certain controlled substances.

NRS 631.3128 Dental therapists: Limitation on number with whom authorizing dentist may simultaneously maintain written practice agreements.

NRS 631.31285 Expanded function dental assistants: Eligibility to apply for license.

NRS 631.31286 Expanded function dental assistants: Contents of application for license.

NRS 631.31287 Expanded function dental assistants: Application for license by endorsement; training.

NRS 631.31288 Expanded function dental assistants: Limitations on practice; circumstances under which referral of patient to dentist required.

NRS 631.3129 Authorized acts by expanded function dental assistant or dental hygienist with special endorsement to practice restorative dental hygiene.

NRS 631.313 Assignment of dental hygienist, dental therapist, dental assistant, expanded function dental assistant or other person to perform certain intraoral tasks under certain circumstances; exceptions; administration of local anesthesia or nitrous oxide by dental hygienist; regulations.

NRS 631.317 Regulations concerning intraoral tasks and practice in state employment.

NRS 631.330 Renewal of license: Requirements; issuance of renewal certificate; automatic suspension or revocation; reinstatement.

NRS 631.332 Renewal of license: Duty of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 631.335 Inactive or other nonpracticing status of license; reinstatement.

NRS 631.340 Restoration of license.

NRS 631.342 Continuing education: Required courses and training; regulations.

NRS 631.3425 Continuing education: Requirements for dental therapists.

NRS 631.343 Persons exempt from requirement of continuing education.

NRS 631.344 Training relating to persons with substance use and other addictive disorders and the prescribing of opioids; regulations.

NRS 631.345 Fees; regulations.

ENTITIES OWNING OR OPERATING A DENTAL OFFICE OR CLINIC

NRS 631.3452 Designation and responsibilities of dental director of dental office or clinic; retention of records.

NRS 631.3453 Exemption from requirement to designate actively licensed dentist as dental director of dental office or clinic.

NRS 631.3454 Ownership or operation not violation or dishonorable or unprofessional conduct; contract with entity by dentist or professional entity not prohibited.

PERSONS OR ENTITIES PROVIDING GOODS OR SERVICES FOR SUPPORT OF THE BUSINESS OF A DENTAL PRACTICE, OFFICE OR CLINIC

NRS 631.3455 Unlicensed person or entity not precluded from providing goods or services for support of business of dental practice, office or clinic in certain circumstances.

NRS 631.3456 Certain provision of goods or services or receipt of payment for provision of goods or services not violation or dishonorable or unprofessional conduct; contracts with persons providing such goods or services not prohibited.

NRS 631.3457 Revocation of state business license for certain violations.

TELEDENTISTRY

NRS 631.3458 License required; requirements and standards for use of teledentistry; prohibited acts.

NRS 631.34581 Licensee required to maintain professional liability insurance.

NRS 631.34582 Authorized uses.

NRS 631.34583 Bona fide relationship with patient required before use of teledentistry authorized; actions required before providing services through teledentistry; requirements for informed consent.

NRS 631.34584 Authorized technology; licensee required to create and maintain records of interactions with patients.

NRS 631.34585 Knowledge of dental care in geographical area in which patient is located required; notice of inability to competently provide services through teledentistry; referral for acute care.

NRS 631.34586 Regulations.

UNPROFESSIONAL CONDUCT

NRS 631.346 Employment of unlicensed person; public demonstrations; aiding in unlicensed practice; dental hygienist or dental therapist practicing in unauthorized place; practice with license suspended or without renewal certificate.

NRS 631.3465 Fee for referral; association with person engaged in illegal practice or with unlicensed person; use of name “clinic,” “institute” or “referral services”; practice under name of retired dentist.

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

NRS 631.3475 Malpractice; professional incompetence; disciplinary action in another state; substandard care; procurement or administration of controlled substance or dangerous drug; alcohol or other substance use disorder; gross immorality; conviction of certain crimes; failure to comply with certain provisions relating to controlled substances; inappropriate administration of botulinum toxin or dermal or soft tissue fillers; failure to obtain certain training; violations related to pelvic examinations; certain operation of medical facility.

NRS 631.348 Misleading statements; false advertising; fraud in securing license; practice under misleading name; submitting fraudulent claim to insurer; failure to notify insurer of forgiven debt.

NRS 631.3485 Violation of chapter or regulations; failure to pay fee for license; failure to make health care records available for inspection and copying.

NRS 631.3487 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

DISCIPLINARY AND OTHER ACTIONS

NRS 631.350 Authorized disciplinary or other action; grounds; delegation of authority to take disciplinary action; deposit of fines; claim for attorney’s fees and costs of investigation; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 631.355 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; final decision in contested case.

NRS 631.360 Investigation, notice and hearing; subpoena; search warrant; continuances; retention of complaints; regulations.

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

NRS 631.3635 Appointment of panel to review investigation or informal hearing; members; requirements of review; findings and recommendation.

NRS 631.364 Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for dentists regarding relevant law.

NRS 631.365 Summary suspension of licensee’s authority to prescribe, administer or dispense certain controlled substances; issuance of order; formal hearing and decision.

NRS 631.366 Enforcement of subpoena by district court.

NRS 631.368 Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; cooperation with or dissemination of records to other agencies.

MISCELLANEOUS PROVISIONS

NRS 631.371 Use of letters “M.D.” or other appropriate abbreviation by certain dentists who hold degree as doctor of medicine.

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

NRS 631.378 Immunity from civil liability.

NRS 631.380 Validity of license or renewal certificate to practice dentistry or specialty thereof issued on or before March 20, 1951.

NRS 631.385 Ownership or control of practice without license by family member for limited period after death of dentist.

NRS 631.388 Manager of business of dental practice, office or clinic required to register certain information with Board.

NRS 631.389 Limitation on fees for covered services in certain circumstances.

NRS 631.391 Regulations for administration of certain neuromodulators related to Clostridium botulinum and dermal or soft tissue fillers; proof of training.

NRS 631.392 Electronic storage of patient information: Requirements.

NRS 631.393 Duty to refer minor patient to dental home in certain circumstances.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 631.395 Acts constituting illegal practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance.

NRS 631.396 Inspection of premises by Board.

NRS 631.397 Practicing or offering to practice without license or certificate: Reporting requirements of Board.

NRS 631.400 Prohibited acts; penalties; injunctive relief.

_________

GENERAL PROVISIONS

NRS 631.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.109, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1983, 1106; A 1987, 857; 1989, 1739; 2001, 2692; 2015, 712, 3874; 2019, 3204; 2021, 389; 2023, 3080, 3328, 3407)

NRS 631.015 “Accredited” defined. “Accredited” means approved by the Commission on Dental Accreditation of the American Dental Association or its successor organization.

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

NRS 631.020 “Board” defined. “Board” means the Board of Dental Examiners of Nevada.

[Part 2:152:1951]—(NRS A 1983, 1110)

NRS 631.027 “Deep sedation” defined. “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

(Added to NRS by 2001, 2691)

NRS 631.030 “Dental hygiene” defined. “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.

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

NRS 631.040 “Dental hygienist” defined. “Dental hygienist” means any person who practices the profession of dental hygiene and is licensed pursuant to this chapter.

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

NRS 631.045 “Dental therapist” defined. “Dental therapist” means any person who practices the profession of dental therapy and is licensed pursuant to this chapter.

(Added to NRS by 2019, 3198)

NRS 631.047 “Dental therapy” defined. “Dental therapy” means the performance of educational, preventative, therapeutic, palliative and restorative or surgical treatment of intraoral or extraoral procedures.

(Added to NRS by 2019, 3198)

NRS 631.049 “Dentistry” defined. “Dentistry” means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, the maxillofacial area and the adjacent and associated structures and their impact on the human body, which care is provided by a dentist within the scope of his or her education, training and experience in accordance with the ethics of the profession and applicable law.

(Added to NRS by 2023, 3080)

NRS 631.051 “Distant site” defined. “Distant site” has the meaning ascribed to it in NRS 629.515.

(Added to NRS by 2023, 3322)

NRS 631.052 “Expanded function dental assistance” defined. “Expanded function dental assistance” means the performance of educational, preventative, therapeutic, palliative and restorative treatment of intraoral or extraoral procedures under the supervision of a dentist or as otherwise authorized pursuant to this chapter by a person licensed pursuant to NRS 631.31286 or 631.31287.

(Added to NRS by 2023, 3404)

NRS 631.053 “Expanded function dental assistant” defined. “Expanded function dental assistant” means any person who practices the profession of expanded function dental assistance and is licensed pursuant to this chapter.

(Added to NRS by 2023, 3404)

NRS 631.055 “General anesthesia” defined. “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

(Added to NRS by 1989, 1739)

NRS 631.070 “License” defined. “License” means a certificate issued by the Board to any applicant upon completion of requirements for admission to practice dental hygiene, dental therapy, dentistry or expanded function dental assistance, as provided by the license.

[Part 2:152:1951]—(NRS A 1983, 1111; 2023, 3407)

NRS 631.075 “Malpractice” defined. “Malpractice” means failure on the part of a dentist to exercise the degree of care, diligence and skill ordinarily exercised by dentists in good standing in the community in which he or she practices. As used in this section, “community” means the entire area customarily served by dentists among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual dentist or the particular city or place where the dentist has an office.

(Added to NRS by 1983, 1106)

NRS 631.078 “Minimal sedation” defined. “Minimal sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, that retains the patient’s ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, and during which cognitive function and coordination may be modestly impaired, but ventilatory and cardiovascular functions are unaffected.

(Added to NRS by 2015, 3874)

NRS 631.079 “Moderate sedation” defined. “Moderate sedation” means a drug-induced depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, during which:

1. The patient retains the ability to respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation;

2. Spontaneous ventilation is adequate and no interventions are required to maintain a patent airway; and

3. Cardiovascular function is usually maintained.

(Added to NRS by 2001, 2691; A 2015, 3874)

NRS 631.083 “Originating site” defined. “Originating site” has the meaning ascribed to it in NRS 629.515.

(Added to NRS by 2023, 3322)

NRS 631.085 “Preponderance of the evidence” defined. “Preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

(Added to NRS by 2015, 712)

NRS 631.095 “Professional incompetence” defined. “Professional incompetence” means lack of ability safely and skillfully to practice dentistry, or to practice one or more specified branches of dentistry, arising from:

1. Lack of knowledge or training;

2. Impaired physical or mental capability of the dentist;

3. Indulgence in the use of alcohol or any controlled substance; or

4. Any other sole or contributing cause.

(Added to NRS by 1983, 1106)

NRS 631.100 “Renewal certificate” defined. “Renewal certificate” means the certificate of renewal of a license issued by the Board.

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

NRS 631.101 “Restorative dental hygiene” defined. “Restorative dental hygiene” means the performance of educational, preventative, therapeutic, palliative and restorative treatment of intraoral or extraoral procedures under the supervision of a dentist or as otherwise authorized pursuant to this chapter by a dental hygienist who holds a special endorsement issued pursuant to NRS 631.288.

(Added to NRS by 2023, 3404)

NRS 631.103 “Screening, brief intervention and referral to treatment approach” defined. “Screening, brief intervention and referral to treatment approach” means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:

1. Screening to assess the severity of substance use and identify the appropriate level of treatment;

2. Brief intervention to increase awareness of the person’s substance use and motivation to change his or her behavior; and

3. Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.

(Added to NRS by 2021, 389)

NRS 631.105 “Supervision by a dentist” defined. “Supervision by a dentist” means that a dentist is:

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

2. Capable of responding immediately if any emergency should arise.

(Added to NRS by 1987, 857)

NRS 631.107 “Teledentistry” defined. “Teledentistry” means the use of telehealth by a licensee described in subsection 1 of NRS 631.3458 who is located at a distant site to facilitate the diagnosis, treatment, education, care management and self-management of or consultation with a patient who is located at an originating site. The term includes, without limitation:

1. Real-time interactions between a patient at an originating site and a licensee at a distant site;

2. The asynchronous transmission of medical and dental information concerning a patient from an originating site to a licensee at a distant site;

3. Interaction between a licensee who is providing dental services to a patient at an originating site and another licensee at an originating site; and

4. Monitoring of a patient at an originating site by a licensee at a distant site.

(Added to NRS by 2023, 3322)

NRS 631.109 “Telehealth” defined. “Telehealth” has the meaning ascribed to it in NRS 629.515.

(Added to NRS by 2023, 3322)

NRS 631.115 Applicability of chapter.

1. Except as otherwise provided in subsection 3 of NRS 631.317, this chapter does not apply to:

(a) A legally qualified physician or surgeon unless he or she practices dentistry as a specialty.

(b) A dentist, dental hygienist, dental therapist or expanded function dental assistant of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or Department of Veterans Affairs in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

(c) Any person permitted to practice any other healing art under this title who does so within the scope of that authority.

2. As used in this section, “healing art” has the meaning ascribed to it in NRS 630.0122.

[13:152:1951]—(NRS A 1971, 537; 1987, 861; 1995, 1097; 2009, 820; 2023, 1444, 3407)

BOARD OF DENTAL EXAMINERS OF NEVADA

NRS 631.120 Creation. The Board of Dental Examiners of Nevada, consisting of 11 members appointed by the Governor, is hereby created.

[Part 4:152:1951; A 1953, 363]—(NRS A 1977, 1250; 1981, 1972; 2003, 519)

NRS 631.130 Qualifications of members. The Governor shall appoint:

1. Six 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.

2. 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. This member may be licensed under the provisions of this chapter.

3. Three members who:

(a) Are graduates of accredited schools or colleges of dental hygiene or dental therapy;

(b) Are residents of Nevada; and

(c) Have been actively engaged in the practice of dental hygiene or dental therapy in Nevada for a period of at least 5 years before their appointment to the Board.

4. One member who is a representative of the general public. This member must not be:

(a) A dentist, dental hygienist, dental therapist or expanded function dental assistant; or

(b) The spouse or the parent or child, by blood, marriage or adoption, of a dentist, dental hygienist, dental therapist or expanded function dental assistant.

[Part 4:152:1951; A 1953, 363]—(NRS A 1971, 533; 1977, 1250; 1981, 1972; 1983, 1112; 1989, 52; 1995, 275; 2003, 519, 1190; 2005, 271; 2019, 3204; 2023, 3408)

NRS 631.140 Appointment of members from particular areas of State.

1. The six members of the Board who are 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 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.

2. The three members of the Board who are dental hygienists or dental therapists must be appointed from 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.

[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343; 1971, 533; 1977, 1251; 1979, 87; 1981, 1973; 2003, 520, 1191; 2019, 3204)

NRS 631.150 Grounds for removal of member from office. The Governor shall remove from office any member of the Board for:

1. Continued neglect of duty.

2. Incompetency.

3. Dishonorable or unprofessional conduct as defined in this chapter.

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

NRS 631.160 Officers and Executive Director.

1. At the first regular meeting of each year, the Board shall elect from its membership one of its members as President and one of its members as Secretary-Treasurer, each of whom shall hold office for 1 year and until a successor is elected and qualified.

2. The Board shall define the duties of the President, the Secretary-Treasurer and the Executive Director.

3. The Executive Director shall receive such compensation as determined by the Board, and the Board shall fix the amount of the bond to be furnished by the Secretary-Treasurer and the Executive Director.

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

NRS 631.170 Examination of applicants; restriction on participation in grading examinations; meetings; quorum.

1. The Board shall meet whenever necessary to examine applicants. The dates of the examinations must be fixed by the Board. The Board may conduct examinations outside this State, and for this purpose may use the facilities of dental colleges.

2. The members who are dental hygienists or dental therapists may vote on all matters but may not participate in grading any clinical examinations required by NRS 631.240 for the licensing of dentists. If a member is not licensed under the provisions of this chapter, the member shall not participate in grading any examination required by the Board.

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

4. A quorum consists of five members who are dentists and two members who are dental hygienists or dental therapists.

[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343; 1963, 82; 1981, 1973; 1983, 1113; 1987, 857; 2003, 520; 2007, 505; 2019, 3204)

NRS 631.175 Liability of person retained by Board to judge qualifications of applicant for licensure. The liability of any person retained as an independent contractor by the Board to judge the qualifications of an applicant for licensure by the Board is limited to the same extent as is provided in NRS 41.035 for a member of the Board.

(Added to NRS by 1985, 1892)

NRS 631.180 Salary of members; per diem allowance and travel expenses of members and employees; deposit and expenditure of fees.

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

(a) A salary of not more than $150 per day as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

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

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

[Part 4:152:1951; A 1953, 363]—(NRS A 1963, 149; 1975, 303; 1981, 1973; 1985, 444; 1989, 1697; 1999, 1531; 2007, 2944)

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

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

2. Appoint such committees, review panels, examiners, officers, employees, agents, attorneys, investigators and other 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.

3. Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry, dental hygiene, dental therapy and expanded function dental assistance.

4. Examine applicants for licenses to practice dentistry, dental hygiene, dental therapy and expanded function dental assistance.

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

6. Keep a register of all dentists, dental hygienists, dental therapists and expanded function dental assistants licensed in this State, together with their addresses, license numbers and renewal certificate numbers.

7. Have and use a common seal.

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

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

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

[Part 4:152:1951; A 1953, 363]—(NRS A 1963, 150; 1967, 865; 1993, 2743; 2009, 3002; 2017, 989, 2848; 2019, 3205; 2023, 3408)

NRS 631.195 Fiscal year. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 149)

COMMITTEE ON DENTAL HYGIENE AND DENTAL THERAPY

NRS 631.205 Creation; membership; powers and duties.

1. The Committee on Dental Hygiene and Dental Therapy is hereby created.

2. The Committee consists of:

(a) The members of the Board who are dental hygienists or dental therapists; and

(b) One dentist who is a member of the Board and who has supervised a dental hygienist or dental therapist for at least 3 years immediately preceding his or her appointment to the Committee by the Board.

3. The Committee:

(a) May accept recommendations from dental hygienists, dental therapists, 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 dental therapy; and

(2) The licensing of dental hygienists and dental therapists, including, without limitation, requirements relating to the education, examination and discipline of dental hygienists and dental therapists.

(Added to NRS by 2003, 519; A 2019, 3205)

LICENSES

NRS 631.215 Persons deemed to be practicing dentistry; regulations regarding clinical practice of dentistry.

1. Any person shall be deemed to be practicing dentistry who:

(a) Uses words or any letters or title in connection with his or her name which in any way represents the person as engaged in the practice of dentistry, or any branch thereof;

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

(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;

(d) Extracts teeth;

(e) Corrects malpositions of the teeth or jaws;

(f) Takes impressions of the teeth, mouth or gums, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

(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;

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

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

(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 licensed dentist;

(l) Determines:

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

(2) Which particular treatment is necessary or advisable; or

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

(1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

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

2. Nothing in this section:

(a) Prevents a dental assistant, dental hygienist, dental therapist, expanded function dental assistant or qualified technician from making radiograms or X-ray exposures for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

(b) Prevents a dental hygienist or dental therapist from administering local anesthesia for pain management during treatment or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, upon authorization of a licensed dentist.

(c) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

(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.

(e) Prevents a licensed dentist, dental hygienist or expanded function dental assistant 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.

(f) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

(g) Prohibits the following entities from owning or operating a dental office or clinic if the entity complies with the provisions of NRS 631.3452:

(1) A 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 homeless persons or persons in rural communities pursuant to the provisions of 42 U.S.C. § 254b or 254c.

(2) A federally-qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) operating in compliance with other applicable state and federal law.

(3) A nonprofit charitable corporation as described in section 501(c)(3) of the Internal Revenue Code and determined by the Board to be providing dental services by volunteer licensed dentists at no charge or at a substantially reduced charge to populations with limited access to dental care.

(h) Prevents a person who is actively licensed as a dentist in another jurisdiction from treating a patient if:

(1) The patient has previously been treated by the dentist in the jurisdiction in which the dentist is licensed;

(2) The dentist treats the patient only during a course of continuing education involving live patients which:

(I) Is conducted at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry; and

(II) Meets all applicable requirements for approval as a course of continuing education; and

(3) The dentist treats the patient only under the supervision of a person licensed pursuant to NRS 631.2715.

(i) Prohibits a person from providing goods or services for the support of the business of a dental practice, office or clinic 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:

(1) Provide such goods or services in exchange for payments based on a percentage or share of revenues or profits of the dental practice, office or clinic; or

(2) Exercise any authority or control over the clinical practice of dentistry.

(j) Prohibits a dental hygienist, dental therapist or expanded function dental assistant from engaging in any activity authorized by this chapter or the regulations adopted pursuant thereto.

3. The 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:

(a) Exert authority or control over the clinical judgment of a licensed dentist; or

(b) Relieve a licensed dentist of responsibility for the clinical aspects of the dental practice.

Ê 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 to the provisions of chapter 89 of NRS and the person or entity 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.

[Part 2:152:1951]—(NRS A 1967, 864; 1971, 532; 1981, 1971; 1983, 1111; 1987, 858; 1995, 275; 2005, 271; 2009, 1093, 1526, 3003; 2013, 995; 2019, 3206; 2023, 3409)

NRS 631.220 Application for license: Filing; contents; approval or rejection without Board review; regulations.

1. Every applicant for a license to practice dental hygiene, dental therapy, dentistry or expanded function dental assistance must:

(a) File an application with the Board.

(b) Accompany the application with a recent photograph of the applicant together with the required fee and such other documentation as the Board may require by regulation.

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

(d) If the applicant is required to take an examination pursuant to NRS 631.240, 631.300, 631.3121, 631.31286 or 631.31287, submit with the application proof satisfactory that the applicant passed the examination.

2. In addition to satisfying the requirements of subsection 1, if an applicant for a license to practice dental hygiene, dental therapy or dentistry intends to provide services through teledentistry, the applicant must submit to the Board proof that the applicant has completed:

(a) At least 2 hours of continuing education concerning teledentistry; or

(b) A course in teledentistry as part of the requirements for graduation from an accredited institution.

3. An application must include all information required to complete the application.

4. The Secretary-Treasurer may, in accordance with regulations adopted by the Board and if the Secretary-Treasurer determines that an application is:

(a) Sufficient, advise the Executive Director of the sufficiency of the application. Upon the advice of the Secretary-Treasurer, the Executive Director may issue a license to the applicant without further review by the Board.

(b) Insufficient, reject the application by sending written notice of the rejection to the applicant.

[Part 5:152:1951]—(NRS A 1967, 865; 1987, 858; 1989, 1739; 1995, 276; 1997, 2124; 2003, 2860; 2005, 2717, 2807; 2007, 505; 2015, 3875; 2019, 3208; 2023, 3080, 3329, 3411)

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

(a) An applicant for the issuance of a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance 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, dental hygiene, dental therapy or expanded function dental assistance 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 completed and signed by the applicant.

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

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; 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 the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. 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 actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2123; A 2005, 2717, 2807; 2019, 3208; 2023, 3411)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance 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 completed and signed by the applicant.

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

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance may not be issued or renewed by the Board if the applicant:

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

(Added to NRS by 1997, 2123; A 2005, 2717, 2718, 2807; 2019, 3208; 2023, 3411, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 631.230 Eligibility of applicant for license to practice dentistry.

1. Any person is eligible to apply for a license to practice dentistry in the State of Nevada who:

(a) Is over the age of 21 years;

(b) Is a graduate of an accredited dental school or college; and

2. To determine whether a person has good moral character, the Board may consider whether his or her license to practice dentistry in another state has been suspended or revoked or whether the person is currently involved in any disciplinary action concerning his or her license in that state.

[Part 5:152:1951]—(NRS A 1967, 866; 1971, 534; 1977, 1564; 1983, 1113; 1985, 379; 2001, 1609; 2019, 4273)

NRS 631.240 Examination for license to practice dentistry; issuance of certificate of registration.

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

(a) Except as otherwise provided in NRS 622.090, must present to the Board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and

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

(1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners; or

(2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed a clinical examination administered by the Western Regional Examining Board.

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

3. All persons who have satisfied the requirements for licensure as a dentist must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

[Part 5:152:1951]—(NRS A 1971, 534; 1985, 380; 1987, 859; 1991, 330; 1995, 277; 1999, 1654, 2849; 2001, 1610; 2003, 66; 2005, 44, 272; 2007, 506, 2945; 2015, 3875)

NRS 631.250 Issuance of specialist’s license to dentist licensed in this State.

1. The Board may issue a specialist’s license authorizing a dentist licensed in this State to announce, hold himself or herself out and practice as a specialist in a special area of dentistry for which there is a certifying board approved by the Commission on Dental Accreditation of the American Dental Association.

2. No dentist licensed in this State may announce or hold himself or herself out to the public as a specialist or practice as a specialist unless the dentist has successfully completed the educational requirements currently specified for qualification in the special area by the certifying board.

3. A dentist licensed in this State who has successfully completed those educational requirements, has passed the general dentistry examination or has otherwise been approved for licensure by the Board, and has been issued a specialist’s license under this section may commence specialty practice immediately in the special area without:

(a) Examination by the certifying board.

(b) Certification as a diplomate of the certifying board.

4. A dentist licensed in this State to whom a specialist’s license is issued shall limit his or her practice to the specialty.

[Part 5:152:1951]—(NRS A 1971, 534; 1981, 1974; 1985, 380; 2001, 1610; 2005, 273)

NRS 631.255 Issuance of specialist’s license to person without required clinical examination; revocation.

1. The Board may, without a clinical examination required by NRS 631.240, issue a specialist’s license to a person who:

(a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association; or

(b) Has completed the educational requirements specified for certification in a specialty area by a certifying board approved by the Commission on Dental Accreditation of the American Dental Association and is recognized by the certifying board as being eligible for that certification. A person who is licensed as a specialist pursuant to the provisions of this paragraph:

(1) Shall submit to the Board his or her certificate as a diplomate from the certifying board within 6 years after licensure as a specialist; and

(2) Must maintain certification as a diplomate of the certifying board during the period in which the person is licensed as a specialist pursuant to this paragraph.

2. In addition to the requirements set forth in subsection 1, a person applying for a specialist’s license:

(a) Must hold an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, or pursuant to the laws of this State, another state or territory of the United States, or the District of Columbia, if the person is applying pursuant to paragraph (b) of subsection 1;

(b) Must be a specialist as identified by the Board;

(c) Shall pay the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240;

(d) Must submit all information required to complete an application for a license; and

(e) Must satisfy the requirements of NRS 631.230.

3. The Board shall not issue a specialist’s license to a person:

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

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

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

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

5. A person to whom a specialist’s license is issued pursuant to this section shall limit his or her practice to the specialty.

6. The Board may revoke a specialist’s license at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

(Added to NRS by 2001, 1607; A 2005, 45, 273, 274, 2719; 2009, 1527; 2015, 712)

NRS 631.260 Issuance of licenses by Board. Except as otherwise provided in subsection 4 of NRS 631.220, as soon as possible after the examination has been given, the Board, under rules and regulations adopted by it, shall determine the qualifications of the applicant and shall issue to each person found by the Board to have the qualifications therefor a license which will entitle the person to practice dental hygiene, dental therapy, dentistry or expanded function dental assistance, as in such license defined, subject to the provisions of this chapter.

[Part 5:152:1951]—(NRS A 2015, 3876; 2019, 3209; 2023, 3329, 3412)

NRS 631.265 Permit to administer or supervise administration of general anesthesia, minimal sedation, moderate sedation or deep sedation; regulations.

1. No licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 may administer or supervise directly the administration of general anesthesia, minimal sedation, moderate sedation or deep sedation to dental patients unless the dentist or person has been issued a permit authorizing him or her to do so by the Board.

2. The Board may issue a permit authorizing a licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 to administer or supervise directly the administration of general anesthesia, minimal sedation, moderate sedation or deep sedation to dental patients under such standards, conditions and other requirements as the Board shall by regulation prescribe.

(Added to NRS by 1983, 278; A 1989, 1740; 2001, 2692; 2015, 3876)

NRS 631.267 Authorization for qualified dentist to perform physical evaluation and compile medical history of patient before hospital admission; hospital prohibited from refusing to accept.

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

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

3. As used in this section, “qualified dentist” means a dentist who is licensed to practice dentistry in this State and who has completed a training program to perform physical evaluations approved by the American Medical Association or a training program for oral and maxillofacial surgery approved by the American Dental Association.

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

1. The Board shall, without a clinical examination required by NRS 631.240, 631.300, 631.3121 or 631.31286, issue a limited license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance to a person who:

(a) Is qualified for a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State;

(b) Pays the required application fee;

(1) The Nevada System of Higher Education to provide services as a dental intern, dental resident or instructor of dentistry, dental hygiene, dental therapy or expanded function dental assistance at an educational or outpatient clinic, hospital or other facility of the Nevada System of Higher Education; or

(2) An accredited program of dentistry, dental hygiene, dental therapy or expanded function dental assistance of an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education to provide services as a dental intern, dental resident or instructor of dentistry, dental hygiene, dental therapy or expanded function dental assistance at an educational or outpatient clinic, hospital or other facility of the institution and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;

(d) Satisfies the requirements of NRS 631.230, 631.290, 631.312, 631.31285 or 631.31286, as appropriate; and

(e) Satisfies at least one of the following requirements:

(1) Has a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance 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 date of the application, a clinical examination administered by the Western Regional Examining Board;

(3) Successfully passes a clinical examination approved by the Board and the American Board of Dental Examiners; or

(4) Has the educational or outpatient clinic, hospital or other facility where the person will provide services as a dental intern or dental resident in an internship or residency program submit to the Board written confirmation that the person has been appointed to a position in the program. If a person qualifies for a limited license pursuant to this subparagraph, the limited license remains valid only while the person is actively providing services as a dental intern or dental resident in the internship or residency program and is in compliance with all other requirements for the limited license.

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

(a) Who has been issued a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance if:

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

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

(b) Who has been refused a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance,

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

3. Except as otherwise provided in subsection 4, a person to whom a limited license is issued pursuant to subsection 1:

(a) May practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State only:

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

(2) In accordance with the contract required by paragraph (c) of subsection 1.

(b) Shall not, for the duration of the limited license, engage in the private practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State or accept compensation for the practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry, dental hygiene, dental therapy or expanded function dental assistance for services provided as a dental intern, dental resident or instructor of dentistry, dental hygiene, dental therapy or expanded function dental assistance pursuant to paragraph (c) of subsection 1.

4. The Board may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance 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, dental hygiene, dental therapy or expanded function dental assistance with whom the person is under contract pursuant to paragraph (c) of subsection 1. The Board shall, by regulation, prescribe the standards, conditions and other requirements for the issuance of a permit.

5. A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the limited license. The holder of a limited license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

6. A permit issued pursuant to subsection 4 expires on the date that the holder’s limited license expires and may be renewed when the limited license is renewed, unless the holder no longer satisfies the requirements for the permit.

7. Within 7 days after the termination of a contract required by paragraph (c) of subsection 1, the holder of a limited license shall 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.

8. The Board may revoke a limited license and a permit issued pursuant to this section, if any, at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

(Added to NRS by 1999, 1653; A 1999, 2849; 2001, 907; 2003, 1182; 2005, 46, 274; 2011, 74; 2015, 713; 2019, 3209, 4273; 2023, 3412)

NRS 631.2715 Limited license to supervise certain courses of continuing education.

1. The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to a person to supervise courses of continuing education involving live patients at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry if the person has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor.

2. A limited license issued pursuant to this section expires 1 year after the date of its issuance and may be renewed annually upon submission of proof acceptable to the Board of compliance with subsection 1 and payment of any fee required pursuant to subsection 3.

3. The Board may impose a fee of not more than $100 for the issuance and each renewal of a limited license issued pursuant to this section.

4. A limited license issued pursuant to this section may be suspended or revoked by the Board if the holder of the limited license:

(a) Has had a license to practice dentistry suspended, revoked or placed on probation in another state, territory or possession of the United States, the District of Columbia or a foreign country;

(b) Has been convicted of a felony or misdemeanor involving moral turpitude; or

5. A holder of a limited license issued pursuant to this section shall notify the Board in writing by certified mail not later than 30 days after:

(a) The death of a patient being treated by a dentist under the supervision of the holder of a limited license;

(b) Any incident which:

(1) Results in the hospitalization of or a permanent physical or mental injury to a patient being treated by a dentist under the supervision of the holder of a limited license; and

(2) Occurs while the dentist is treating the patient under the supervision of the holder of a limited license; or

(Added to NRS by 2009, 1525)

NRS 631.272 Temporary license to practice dentistry.

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

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

(b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

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

(d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

(e) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

(f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240;

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

(h) Satisfies the requirements of NRS 631.230.

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

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

(b) Apply for a permanent license to practice dentistry without a clinical examination required by NRS 631.240 if the person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years.

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

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

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

6. The Board may revoke a temporary license at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

(Added to NRS by 2001, 1607; A 2003, 66; 2005, 47, 48, 51, 276, 277, 2719; 2007, 506; 2015, 715)

NRS 631.273 Temporary license to practice dental therapy.

1. Except as otherwise provided in this section, the Board shall, without a clinical examination required by NRS 631.3121, issue a temporary license to practice dental therapy to a person who:

(a) Has a license to practice dental therapy 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 631.312;

(c) Has practiced dental 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;

(d) Has not had a license to practice dental hygiene or dental therapy 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 or dental therapy 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 a license to practice dental hygiene or dental therapy 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 631.3121; and

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

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

(a) Practice dental therapy for the duration of the temporary license; and

(b) Apply for a permanent license to practice dental therapy without a clinical examination required by NRS 631.3121 if the person has held a temporary license to practice dental therapy issued pursuant to this section for at least 2 years.

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

4. The Board shall not, on or after July 1, 2021, issue any additional temporary licenses to practice dental therapy pursuant to this section.

5. Any person who, on July 1, 2021, holds a temporary license to practice dental therapy issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental therapy under the temporary license until July 1, 2023, or until the person is qualified to apply for and is issued or denied a permanent license to practice dental therapy in accordance with this section, whichever period is shorter.

(Added to NRS by 2003, 518; A 2005, 277, 278, 287, 2720, 2812; 2007, 507; 2015, 715; 2019, 3211)

NRS 631.274 Restricted geographical license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance.

1. The Board shall, without a clinical examination required by NRS 631.240, 631.300, 631.3121 or 631.31286, issue a restricted geographical license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance to a person if the person meets the requirements of subsection 2 and:

(a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240, 631.300, 631.3121 or 631.31286 for any applicant intending to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in a rural area of a county in which dental, dental hygiene, dental therapy or expanded function dental assistance needs are underserved, as that term is defined by the officer of rural health of the University of Nevada School of Medicine;

(b) Two or more boards of county commissioners submit a joint request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240, 631.300, 631.3121 or 631.31286 for any applicant intending to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in one or more rural areas within those counties in which dental, dental hygiene, dental therapy or expanded function dental assistance 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 the requirements of NRS 631.240, 631.300, 631.3121 or 631.31286 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.

2. A person may apply for a restricted geographical license if the person:

(a) Has a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

(b) Is otherwise qualified for a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State;

(c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240, 631.300, 631.3121 or 631.31286;

(d) Submits all information required to complete an application for a license; and

(e) Satisfies the requirements of NRS 631.230, 631.290, 631.312 or 631.31285, as appropriate.

3. The Board shall not issue a restricted geographical license to a person:

(a) Whose license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance has been revoked or suspended;

(b) Who has been refused a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance; or

(c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance,

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

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

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

(a) May practice dentistry, dental hygiene, dental therapy or expanded function dental assistance only in the county or counties which requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1.

(b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State or accept compensation for the practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance except such compensation as may be paid to the person by a federally qualified health center or nonprofit clinic pursuant to paragraph (c) of subsection 1.

6. Within 7 days after the termination of a contract pursuant to paragraph (c) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

7. A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical examination required by NRS 631.240, 631.300, 631.3121 or 631.31286 if the person:

(a) Has not had a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

(b) Has not been refused a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State, another state or territory of the United States, or the District of Columbia;

(c) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State, another state or territory of the United States, or the District of Columbia; and

(d) Has:

(1) Actively practiced dentistry, dental hygiene, dental therapy or expanded function dental assistance for 3 years at a minimum of 30 hours per week in the county or counties which requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1; or

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

8. The Board may revoke a restricted geographical license at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

(Added to NRS by 2001, 1608; A 2005, 48, 50, 279, 281, 2720; 2015, 716; 2019, 3212; 2023, 3414)

NRS 631.275 Restricted license to practice dentistry at facility that provides dental services to persons of low income.

1. Except as otherwise provided in subsection 2, the Board shall, without examination, issue a restricted license to practice dentistry to a person who:

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

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

(c) Has entered into a contract with a facility approved by the Division of Public and Behavioral Health of the Department of Health and Human Services to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license; and

(d) Satisfies the requirements of NRS 631.230.

2. The Board shall not issue a restricted license to a person:

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

(b) Who has been refused a license in this State, another state or territory of the United States, or the District of Columbia; or

(c) Whose license to practice dentistry has been revoked in this State, another state or territory of the United States, or the District of Columbia.

3. A person to whom a restricted license is issued pursuant to subsection 1:

(a) May perform dental services only:

(1) Under the supervision of a dentist who is licensed to practice dentistry in this State and appointed by the Division of Public and Behavioral Health of the Department of Health and Human Services to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the Division; and

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

(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.

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

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

6. The Board may revoke a restricted license at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

(Added to NRS by 1997, 1377; A 1999, 1654, 2849; 2001, 2692; 2005, 283; 2015, 718; 2021, 3606)

NRS 631.280 Limitation on reexamination of applicant for license to practice dentistry who fails examination twice. Any applicant for a license to practice dentistry in this State who twice fails to pass the examination of the Board is not eligible for reexamination within 12 months after the second examination was taken.

[Part 4:152:1951; A 1953, 363] + [Part 5:152:1951]—(NRS A 1957, 343; 1985, 380)

1. The Board shall, upon application by a dentist, dental hygienist or dental therapist licensed pursuant to this chapter who has completed a course of training in the administration of immunizations that is approved by the Board pursuant to subsection 2, issue a special endorsement of the license allowing the dentist, dental hygienist or dental therapist to administer immunizations.

2. The Board may approve a course of training in the administration of immunizations if the course:

(a) Provides participants with practical training and written instructional materials concerning the administration of immunizations;

(b) Includes an evaluation of the technique of participants in the administration of immunizations; and

(c) Includes instruction consistent with the guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning:

(1) Practices for administering immunizations to children, adolescents and adults;

(2) Basic immunology and the mechanism by which immunizations induce protection from disease;

(3) Diseases that are preventable through immunizations;

(4) Storage and management of immunizations;

(5) Recommended schedules for immunization;

(6) Informed consent to immunization;

(7) Physiology and techniques for administering immunizations;

(8) Assessment and counseling before and after administering an immunization;

(9) Maintenance of records relating to immunizations; and

(10) Identifying, responding to and reporting adverse events resulting from immunizations.

3. A dentist who holds a special endorsement issued pursuant to subsection 1 may administer immunizations by an intranasal, intramuscular or subcutaneous injection.

4. A dental hygienist or dental therapist who holds a special endorsement issued pursuant to subsection 1 may administer immunizations by an intranasal, intramuscular or subcutaneous injection only under authorization from a dentist who also holds such a special endorsement.

(Added to NRS by 2023, 3325)

1. A dentist who holds a special endorsement issued pursuant to NRS 631.285 and who administers immunizations or under whose authorization a dental hygienist or dental therapist who holds such an endorsement administers immunizations must:

(a) Issue or obtain from a dentist, physician, physician assistant or advanced practice registered nurse a standing order for the administration of the immunizations that is approved by the Division of Public and Behavioral Health of the Department of Health and Human Services;

(b) Establish written policies and procedures for the handling and disposal of used or contaminated equipment; and

(c) Establish a written plan for addressing emergencies and ensure that the dentist, dental hygienist or dental therapist administering immunizations has immediate access to equipment that may be needed in an emergency, including, without limitation, equipment for administering oxygen and epinephrine and other equipment necessary to respond to an allergic reaction.

2. A dentist who holds a special endorsement issued pursuant to NRS 631.285 and who administers an immunization or under whose authorization a dental hygienist or dental therapist who holds such an endorsement administers an immunization shall report any severe reaction to the immunization as required by any applicable regulations adopted by the State Board of Health.

3. A dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to NRS 631.285 shall comply with:

(a) The instructions for storing and handling an immunization prescribed by the manufacturer; and

(b) To the extent that such guidelines do not conflict with the instructions of the manufacturer, any applicable guidelines issued by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, including, without limitation, guidelines for storing, handling and administering immunizations, guidelines for documenting the administration of an immunization and contraindications and precautions for immunizations.

(Added to NRS by 2023, 3326)

1. Before administering an immunization, a dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to NRS 631.285 shall:

(a) Provide to the patient or, if the patient is a minor and is not authorized by law to provide consent, his or her parent or guardian, the most current Vaccine Information Statement prescribed for the immunization by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, require him or her to read the Vaccine Information Statement and answer any questions that he or she has concerning the information in the Vaccine Information Statement;

(b) Obtain the informed written consent of the patient, or, if the patient is a minor and is not authorized by law to provide consent, from the parent or guardian of the patient; and

(c) Review the medical history of the patient, including, without limitation, asking the patient or, if the patient is a minor and is not authorized by law to provide consent, the parent or guardian of the patient, to describe any medications or other treatments that the patient is currently receiving, allergies to drugs, medical conditions that the patient is currently experiencing, surgeries the patient had or plans to have, past pregnancy or plans to become pregnant and any previous adverse reactions to immunizations.

2. If a dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to NRS 631.285 requests a physician, physician assistant or advanced practice registered nurse to conduct an examination and evaluation of a patient to determine whether the patient has a medical condition that would make it inadvisable to administer an immunization, the dentist, dental hygienist or dental therapist must rely on and act in conformance with the conclusions of the physician, physician assistant or advanced practice registered nurse.

(Added to NRS by 2023, 3327)

NRS 631.2853 Special endorsement of license to administer immunizations: Content and maintenance of patient records.

1. A dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to NRS 631.285 shall include in the record of each patient to whom he or she administers an immunization:

(a) The date on which the immunization was administered;

(b) The site at which the immunization was administered;

(c) The brand name of the immunization, the National Drug Code number assigned to the immunization by the United States Food and Drug Administration or the code number assigned to the immunization under another nationally recognized system of coding for immunizations;

(d) The dose, manufacturer, lot number and expiration date of the immunization;

(e) The name or initials of the dentist, dental hygienist or dental therapist;

(f) Except as otherwise provided in subsection 2, the address of the location where the immunization was administered;

(g) The date on which the Vaccine Information Statement was provided to the patient pursuant to NRS 631.2852 and the date on which the Vaccine Information Statement was published; and

(h) A copy of the questions asked by the dentist, dental hygienist or dental therapist and the information provided by the patient or his or her parent or guardian, as applicable, as part of the review of the medical history of the patient conducted pursuant to NRS 631.2852, which must be signed by the patient or, if the patient is a minor and is not authorized by law to provide consent, his or her parent or guardian.

2. A dentist, dental hygienist or dental therapist is not required to include the information described in paragraph (f) of subsection 1 if that information is automatically included in a report made pursuant to NRS 439.265.

3. The records described in subsection 1 must be maintained in accordance with all applicable federal and state laws and regulations, including, without limitation:

(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations adopted pursuant thereto; and

(b) NRS 629.051 to 629.069, inclusive, and any regulations adopted pursuant thereto.

(Added to NRS by 2023, 3327)

NRS 631.287 Special endorsement of license to practice public health dental hygiene: Application by qualified dental hygienist; issuance; renewal; provision or supervision of services; regulations.

1. The Board shall, upon application by a dental hygienist who is licensed pursuant to this chapter and has such qualifications as the Board specifies by regulation, issue a special endorsement of the license allowing the dental hygienist to practice public health dental hygiene. The special endorsement may be renewed biennially upon the renewal of the license of the dental hygienist.

2. A dental hygienist who holds a special endorsement issued pursuant to subsection 1 may provide services without the authorization or supervision of a dentist only as specified by regulations adopted by the Board.

3. As part of a program for the provision of public health dental hygiene approved by the Board, a dental hygienist with a special endorsement to practice public health dental hygiene may authorize a dental assistant or expanded function dental assistant under his or her direct supervision to:

(a) Apply dental sealants;

(b) Apply topical fluoride;

(d) Take radiographs; and

(e) Provide oral health education.

(Added to NRS by 2001, 2691; A 2013, 479; 2023, 3416)

NRS 631.288 Special endorsement of license to practice restorative dental hygiene: Application by qualified dental hygienist; issuance; renewal; limitations on practice.

1. The Board shall, upon application by a dental hygienist who has the qualifications prescribed by subsection 2, issue a special endorsement of the license allowing the dental hygienist to practice restorative dental hygiene pursuant to NRS 631.3129. The special endorsement may be renewed biennially upon renewal of the license of the dental hygienist.

2. An applicant for a special endorsement allowing a dental hygienist to practice restorative dental hygiene must include in his or her application proof that he or she:

(a) Holds an active license in good standing as a dental hygienist in this State; and

(b) Has successfully completed a course on restorative dental hygiene.

3. A dental hygienist with a special endorsement of his or her license issued pursuant to subsection 1 may only practice restorative dental hygiene under the authorization of a dentist who is licensed in this State, unless otherwise authorized by NRS 631.287 or a regulation adopted by the Board.

(Added to NRS by 2023, 3405)

NRS 631.290 Dental hygienists: Eligibility to apply for license.

1. Any person is eligible to apply for a license to practice dental hygiene in this State who:

(a) Is of good moral character;

(b) Is over 18 years of age; and

(c) Is a graduate of a program of dental hygiene from an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:

(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and

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

2. To determine whether a person has good moral character, the Board may consider whether his or her license to practice 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.

[Part 7:152:1951]—(NRS A 1971, 536; 1977, 1565; 1981, 1975; 1983, 1113; 2001, 1611, 2693, 2695; 2005, 284; 2019, 4275)

NRS 631.300 Dental hygienists: Examination; issuance of certificate of registration.

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

(a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental hygiene or must present a certificate granted by 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; and

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

(1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners; or

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

3. All persons who have satisfied the requirements for licensure as a dental hygienist must be registered as licensed dental hygienists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

[Part 7:152:1951]—(NRS A 1967, 866; 1971, 536; 1985, 381; 1991, 330; 1995, 277; 1999, 1655, 2849; 2001, 1611; 2003, 520; 2005, 284; 2007, 2945; 2011, 75, 1872; 2015, 3876)

NRS 631.310 Dental hygienists: Places of practice; limitations on performance and provision of services.

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

(a) In the office of any licensed dentist.

(b) In a clinic or in clinics in the public schools of this State as an employee of the Division of Public and Behavioral Health of the Department of Health and Human Services.

(d) In a clinic established by a hospital approved by the Board as an employee of the hospital where service is rendered only to patients of the hospital, and upon the authorization of a member of the dental staff.

(e) In an accredited school of dental hygiene.

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

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

3. Except as otherwise provided in NRS 631.287 or specifically authorized by a regulation adopted by the Board, a dental hygienist shall not provide services to a person unless that person is a patient of the dentist who authorized the performance of those services.

[12:152:1951]—(NRS A 1963, 974; 1971, 536; 1973, 1406; 1981, 1975; 1983, 1113; 1995, 216; 1999, 1656, 2849; 2001, 2693)

NRS 631.3105 Dental hygienists: Authorization to prescribe or dispense certain drugs and devices; limitations and prohibitions; regulations.

1. A dental hygienist who meets the requirements prescribed by regulation of the Board pursuant to subsection 4 and is issued a certificate by the State Board of Pharmacy pursuant to NRS 639.1374 may prescribe and dispense only:

(a) Topical or systemic prescription drugs, other than controlled substances, for preventative care;

(b) Fluoride preparations for which a prescription is not required;

(d) Medicament trays or mouthguards.

2. A dental hygienist shall not prescribe or dispense:

(a) A controlled substance; or

(b) Any drug or device not listed in subsection 1 or authorized under the certificate issued pursuant to NRS 639.1374.

3. A dental hygienist may only prescribe and dispense a drug or device pursuant to subsection 1:

(a) In compliance with any applicable regulations adopted by the Board; and

(b) In compliance with any applicable law governing the handling, prescribing and dispensing of the drug or device.

4. The Board shall adopt regulations prescribing the:

(a) Education and training that a dental hygienist must complete before prescribing and dispensing a drug or device pursuant to subsection 1; and

(b) Continuing education that a dental hygienist must complete to be authorized to continue prescribing and dispensing drugs or devices pursuant to subsection 1.

(Added to NRS by 2023, 3407)

NRS 631.311 Dentist not required to be present when dental hygienist provides services authorized by dentist. 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.

(Added to NRS by 2003, 519)

NRS 631.312 Dental therapists: Eligibility to apply for license.

1. Any person is eligible to apply for a license to practice dental therapy in this State who:

(a) Is of good moral character;

(b) Is over 18 years of age;

(c) Is a graduate of a program of dental therapy from an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental therapy must:

(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and

(2) Include a curriculum of not less than 2 years of academic instruction in dental therapy or its academic equivalent; and

(d) Is in possession of a current special endorsement of his or her license pursuant to NRS 631.287 to practice public health dental hygiene.

2. 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 suspended or revoked or whether he or she is currently involved in any disciplinary action concerning his or her license in that state.

(Added to NRS by 2019, 3199)

NRS 631.3121 Dental therapists: Examination; issuance of certificate of registration.

1. Any person desiring to obtain a license to practice dental therapy, after having complied with NRS 631.312 and the regulations of the Board to determine eligibility:

(a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental therapy or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the applicable national examination with a score of at least 75; and

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

(1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners; or

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

3. All persons who have satisfied the requirements for licensure as a dental therapist must be registered as licensed dental therapists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

(Added to NRS by 2019, 3199)

NRS 631.3122 Dental therapists: Practice settings; written practice agreement with authorizing dentist required; limitations on provision of services; qualifications of authorizing dentist.

1. The holder of a license or renewal certificate to practice dental therapy may practice only in the settings provided in subsection 3, under the authorization of a dentist meeting the requirements of subsection 4 and in accordance with a written practice agreement signed by the dental therapist and the authorizing dentist. A dental therapist may provide only the services that are within his or her scope of practice, the scope of practice of the dentist, are authorized by the dentist, and are provided according to written protocols or standing orders established by the authorizing dentist. A dental therapist may not provide any services that are outside the scope of practice of the authorizing dentist. A dental therapist shall provide such services only under the direct supervision of the authorizing dentist until such time as the dental therapist has obtained the following hours of clinical practice as a dental therapist:

(a) Not less than 500 hours, if the dental therapist has a license to practice dental therapy issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

(b) Not less than 1,000 hours, if the dental therapist has practiced dental hygiene pursuant to the laws of this State, another state or territory of the United States, or the District of Columbia, for 5 years or more; or

2. A dental therapist may provide services to a patient who has not first seen a dentist for an examination if the authorizing dentist has given the dental therapist written authorization and standing protocols for the services and reviews the patient records as provided by the written practice agreement. The standing protocols may require the authorizing dentist to personally examine patients either face-to-face or by the use of electronic means.

3. The holder of a license or renewal certificate to practice dental therapy may practice only in the following settings:

(a) A hospital, as defined in NRS 449.012.

(b) 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. § 1395x(aa)(4) or that has been determined by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to meet the requirements to receive funding under section 330 of the Public Health Service Act, 42 U.S.C. § 254b, as amended.

(d) A federally qualified health center, as defined in 42 U.S.C. § 1395x(aa)(4), that is licensed as a health facility or agency by the Department of Health and Human Services.

(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. §§ 5321 to 5332, inclusive, as amended, or by an urban Indian organization receiving funds under Title V of the Indian Health Care Improvement Act, 25 U.S.C. §§ 1651 to 1660h, inclusive, as amended.

(f) A school-based health center as defined in NRS 41.495.

(g) Any other clinic or practice setting, including, without limitation, a mobile dental unit, in which at least 50 percent of the total patient base of the dental therapist will consist of patients who:

(1) Are enrolled in a health care program administered by the Department of Health and Human Services;

(2) Have a medical disability or chronic condition that creates a significant barrier to receiving dental care; or

(3) Do not have dental health coverage through a public health care program or private insurance and have a household income which is less than 200 percent of the federally designated level signifying poverty as provided in the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services.

4. The holder of a license or renewal certificate to practice dental therapy may practice only under the authorization of a dentist who:

(a) Holds an active license to practice dentistry in this State;

(b) Maintains a location from which to practice dentistry; and

(Added to NRS by 2019, 3199)

NRS 631.3123 Dental therapists: Required provisions of written practice agreement. The written practice agreement required pursuant to NRS 631.3122 between the authorizing dentist and a dental therapist must include:

1. The services and procedures and the practice settings for those services and procedures that the dental therapist may provide, together with any limitations on those services and procedures.

2. Any age-specific and procedure-specific practice protocols, including case selection criteria, assessment guidelines and imaging frequency.

3. Procedures to be used with patients treated by the dental therapist for informed consent and creating and maintaining dental records.

4. A plan for the monthly review of patient records by the authorizing dentist and dental therapist.

5. A plan for managing medical emergencies in each practice setting in which the dental therapist provides care.

6. A quality assurance plan for monitoring care, including patient care review, referral follow-up, and a quality assurance and chart review.

7. Protocols for administering and dispensing medications, including the specific circumstances under which medications may be administered and dispensed.

8. Criteria for providing care to patients with specific medical conditions or complex medical histories, including requirements for consultation before initiating care.

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.

10. A requirement that when an appointment is made for a patient, it must be disclosed to the patient whether the patient is scheduled to see the dentist or a dental therapist.

(Added to NRS by 2019, 3201)

NRS 631.3124 Dental therapists: Authorized services; referral of patient to authorizing dentist for certain purposes; supervision of dental assistants and dental hygienists.

1. In accordance with the written practice agreement required pursuant to NRS 631.3122, a dental therapist may perform the following acts:

(a) Expose radiographs.

(b) Conduct an assessment of the oral health of the patient through medical and dental histories, radiographs, indices, risk assessments and intraoral and extraoral procedures that analyze and identify the oral health needs and problems of the patient.

(c) After conducting an assessment pursuant to paragraph (b), develop a dental hygiene care plan to address the oral health needs and problems of the patient.

(d) Take the following types of impressions:

(1) Those used for the preparation of diagnostic models;

(2) Those used for the fabrication of temporary crowns or bridges; and

(3) Those used for the fabrication of temporary removable appliances, provided no missing teeth are replaced by those appliances.

(e) Remove stains, deposits and accretions, including dental calculus.

(f) Smooth the natural and restored surface of a tooth by using the procedures and instruments commonly used in oral prophylaxis, except that an abrasive stone, disc or bur may be used only to polish a restoration. 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.

(g) Provide dental hygiene care that includes:

(1) Implementation of a dental hygiene care plan to address the oral health needs and problems of patients pursuant to paragraph (c).

(2) Evaluation of oral and periodontal health after the implementation of the dental hygiene care plan described in subparagraph (1) in order to identify the subsequent treatment, continued care and referral needs of the patient.

(h) Perform subgingival curettage.

(i) Remove sutures.

(j) Place and remove a periodontal pack.

(k) Remove excess cement from cemented restorations and orthodontic appliances. A dental therapist may not use a rotary cutting instrument to remove excess cement from restorations or orthodontic appliances.

(l) Train and instruct persons in the techniques of oral hygiene and preventive procedures.

(m) Recement and repair temporary crowns and bridges.

(n) Recement permanent crowns and bridges with nonpermanent material as a palliative treatment.

(o) Place a temporary restoration with nonpermanent material as a palliative treatment.

(p) Administer local intraoral chemotherapeutic agents in any form except aerosol, including, but not limited to:

(1) Antimicrobial agents;

(2) Fluoride preparations;

(3) Topical antibiotics;

(4) Topical anesthetics; and

(5) Topical desensitizing agents.

(q) Apply pit and fissure sealant to the dentition for the prevention of decay.

2. 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 that the dental therapist is not authorized to perform.

3. A dental therapist may supervise dental assistants and dental hygienists to the extent permitted in a written practice agreement.

(Added to NRS by 2019, 3201, 3203)

NRS 631.3125 Dental therapists: Additional authorized care and services. In accordance with the written practice agreement, a dental therapist may provide any of the following additional care or services:

1. 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. Providing oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.

3. Dispensing and administering via the oral or topical route nonnarcotic analgesics and anti-inflammatory and antibiotic medications as prescribed by a health care professional.

4. Pulp and vitality testing.

5. Applying desensitizing medication or resin.

6. Fabricating mouth guards.

7. Changing periodontal dressings.

8. Simple extraction of erupted primary teeth.

9. Emergency palliative treatment of dental pain related to a care or service described in this section.

10. Preparation and placement of direct restoration in primary and permanent teeth.

11. Fabrication and placement of single tooth temporary crowns.

12. Preparation and placement of preformed crowns on primary teeth.

13. Indirect and direct pulp capping on permanent teeth.

14. Suturing and suture removal.

15. Minor adjustments and repairs on removable prostheses.

16. Placement and removal of space maintainers.

17. Nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility. However, a dental therapist shall not extract a tooth for any patient if the tooth is unerupted, impacted, or fractured or needs to be sectioned for removal.

18. Performing other related services and functions authorized and for which the dental therapist is trained.

(Added to NRS by 2019, 3203)

NRS 631.3126 Dental therapists: Arrangements for or referrals of patients to other dental or health care professionals in certain circumstances. In accordance with the written practice agreement required pursuant to NRS 631.3122:

1. The authorizing dentist shall arrange for another dentist or specialist to provide any services needed by a patient of a dental therapist that exceed the dental therapist’s capabilities or the authorized scope of practice of the dental therapist and that the authorizing dentist is unable to provide; and

2. 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.

(Added to NRS by 2019, 3201)

NRS 631.3127 Dental therapists: Prohibition on prescription of certain controlled substances. A dental therapist shall not prescribe a controlled substance that is included in schedules II, III, IV or V of the Uniform Controlled Substances Act.

(Added to NRS by 2019, 3203)

NRS 631.3128 Dental therapists: Limitation on number with whom authorizing dentist may simultaneously maintain written practice agreements. An authorizing dentist may not simultaneously maintain written practice agreements required pursuant to NRS 631.3122 with more than four full-time or full-time equivalent dental therapists.

(Added to NRS by 2019, 3201)

NRS 631.31285 Expanded function dental assistants: Eligibility to apply for license. Any person is eligible to apply for a license to practice expanded function dental assistance in this State who is over 18 years of age.

(Added to NRS by 2023, 3404)

NRS 631.31286 Expanded function dental assistants: Contents of application for license. Except as otherwise provided in NRS 631.31287, an applicant for a license as an expanded function dental assistant must include in his or her application proof that he or she:

1. Possesses the following qualifications:

(a) Graduation from an accredited program for dental assisting with expanded functions; or

(b) Successful completion of a course of training for expanded function dental assistants and:

(1) Graduation from an accredited program for dental assisting without expanded functions; or

(2) Employment as a dental assistant working full-time for at least 2 years or part-time for at least 4 years and a passing score on the examination for Certified Dental Assistants administered by the Dental Assisting National Board, or its successor organization;

2. Holds a current certification in the techniques of administering cardiopulmonary resuscitation;

3. Has passed a written clinical examination given by the Board upon such subjects as the Board deems necessary for the practice of expanded function dental assistance; and

4. Has passed a written examination given by the Board concerning laws and regulations governing the practice of expanded function dental assistance in this State.

(Added to NRS by 2023, 3405)

NRS 631.31287 Expanded function dental assistants: Application for license by endorsement; training.

1. An applicant for a license by endorsement as an expanded function dental assistant must include in his or her application proof that he or she:

(a) Is currently licensed as an expanded function dental assistant in another state or territory of the United States, or the District of Columbia;

(b) Possesses the following qualifications:

(1) Graduation from an accredited program for dental assisting with expanded functions; or

(2) Employment as a dental assistant or an expanded function dental assistant working full-time for at least 2 years or part-time for at least 4 years; and

(c) Has passed a written examination given by the Board concerning laws and regulations governing the practice of expanded function dental assistance in this State.

2. The Board may require an applicant for licensure by endorsement as an expanded function dental assistant to complete any training that the Board deems necessary for the applicant to be able to practice expanded function dental assistance with the same degree of competence as a person who possesses the qualifications described in NRS 631.31286.

(Added to NRS by 2023, 3405)

NRS 631.31288 Expanded function dental assistants: Limitations on practice; circumstances under which referral of patient to dentist required.

1. An expanded function dental assistant may only practice expanded function dental assistance under the authorization of a dentist who is licensed in this State, unless otherwise authorized by a regulation adopted by the Board.

2. Except as specifically authorized by a regulation adopted by the Board, an expanded function dental assistant shall not practice expanded function dental assistance on a person unless that person is a patient of the authorizing dentist of the expanded function dental assistant.

3. Except as specifically required by a regulation adopted by the Board, the authorizing dentist of an expanded function dental assistant is not required to be present during the provision of services by the expanded function dental assistant.

4. If the expanded function dental assistance required or requested by a patient exceeds the scope of practice or the skill and training of an expanded function dental assistant, the expanded function dental assistant shall refer the patient to the authorizing dentist of the expanded function dental assistant.

(Added to NRS by 2023, 3406)

NRS 631.3129 Authorized acts by expanded function dental assistant or dental hygienist with special endorsement to practice restorative dental hygiene. An expanded function dental assistant or dental hygienist with a special endorsement to practice restorative dental hygiene may perform the following acts under the conditions prescribed by NRS 631.288 and 631.31288:

1. Any service that a dental assistant or dental hygienist, as applicable, is authorized to perform pursuant to this chapter or any regulation adopted pursuant thereto.

2. Placing, condensing, contouring, adjusting, curing and finishing restorations that are made of a direct restorative material, including, without limitation, amalgam, resin-based composite and glass ionomer.

3. Placing and removing matrices and interproximal wedge devices.

4. Placing desensitizers, liners and bases.

5. Taking final impressions for:

(a) Indirect restorations, including, without limitation, crowns, bridges and veneers; and

(b) Removable prostheses, including, without limitation, dentures.

6. Adjusting a removable prostheses extraorally.

7. Cementation of permanent restorations, including, without limitation, crowns, bridges and veneers, if the authorizing dentist:

(a) Evaluates and approves each permanent restoration before the cementation is final; and

(b) Inspects each permanent restoration before the patient leaves the premises where the cementation occurred.

8. Placing topical fluoride.

9. Administering a hemostatic agent.

10. Applying agents for bleaching teeth.

11. Using an ultrasonic scaling unit only for the removal of bonding agents. This subsection does not authorize an expanded function dental assistant to use an ultrasonic scaling unit on any natural tooth.

(Added to NRS by 2023, 3406)

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, a dental therapist, a dental assistant, an expanded function 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.

2. The performance of these tasks must be:

(a) If performed by a dental assistant or a person, other than a dental hygienist, dental therapist or expanded function dental assistant, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.

(b) If performed by a dental hygienist, dental therapist or expanded function dental assistant, authorized by the licensed dentist of the patient for whom the tasks will be performed, except as otherwise provided in NRS 631.287.

3. No such assignment is permitted that requires:

(a) Except as otherwise provided in NRS 631.3105 and 631.3129, the diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

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

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

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

4. A dental hygienist may, pursuant to regulations adopted by the Board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 162A.740, if:

(a) The dental hygienist is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and

(b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.

(Added to NRS by 1971, 531; A 1981, 1975; 1983, 1114; 1987, 859; 1995, 216; 2001, 2694; 2009, 212; 2015, 3877; 2017, 1256; 2019, 3214; 2023, 3416)

NRS 631.317 Regulations concerning intraoral tasks and practice in state employment. The Board shall adopt rules or regulations:

1. Specifying the intraoral tasks that may be assigned by a licensed dentist to a dental hygienist, dental therapist 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 employed by a public health agency.

2. Specifying the intraoral tasks, in addition to those prescribed by NRS 631.3129, that may be assigned by a licensed dentist to an expanded function dental assistant or dental hygienist with a special endorsement to practice restorative dental hygiene in his or her employ or that may be performed by an expanded function dental assistant or dental hygienist with a special endorsement to practice restorative dental hygiene engaged in school health activities or employed by a public health agency.

3. Governing the practice of dentists, dental hygienists, dental therapists and expanded function dental assistants in full-time employment with the State of Nevada.

(Added to NRS by 1971, 531; A 2019, 3214; 2023, 3417)

NRS 631.330 Renewal of license: Requirements; issuance of renewal certificate; automatic suspension or revocation; reinstatement.

1. Licenses issued pursuant to NRS 631.271, 631.2715 and 631.275 must be renewed annually. All other licenses must be renewed biennially.

2. Except as otherwise provided in NRS 631.271, 631.2715 and 631.275:

(a) Each holder of a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance must, upon:

(1) Payment of the required fee;

(2) Submission of proof of completion of the required continuing education; and

(3) Submission of all information required to complete the renewal,

Ê be granted a renewal certificate which will authorize continuation of the practice for 2 years.

(b) A licensee must comply with the provisions of this subsection and subsection 1 on or before June 30. 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 of this subsection.

3. If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

[Part 4:152:1951; A 1953, 363] + [8:152:1951]—(NRS A 1957, 343; 1967, 866; 1981, 1976; 1985, 381; 1997, 2124; 1999, 1656, 2849; 2005, 285, 2722, 2807; 2009, 1528; 2019, 3214; 2023, 3417)

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.

(Added to NRS by 2021, 802)

NRS 631.335 Inactive or other nonpracticing status of license; reinstatement.

1. The license of a person who does not actively practice in this State for 1 year automatically reverts to inactive status at the time the license renewal fee is next payable. If a person whose license has reverted to inactive status:

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

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

2. A licensee who has a disability and cannot practice, or who is retired must be issued a license which reflects that status when the fee to renew the license is next payable. The license may be reinstated to active status only upon the motion of the Board, submission of the required reinstatement fee and proof of continuing education, and compliance with the conditions prescribed by the regulations of the Board.

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

NRS 631.340 Restoration of license.

1. Any person who has obtained from the Board a license or certificate to practice dental hygiene, dental therapy, dentistry or expanded function dental assistance in this State, and who fails to obtain a renewal certificate, must, before resuming the practice in which he or she was licensed, make application to the Secretary-Treasurer, under such rules as the Board may prescribe, for the restoration of the license to practice.

2. Upon application being made, the Secretary-Treasurer shall determine whether the applicant possesses the qualifications prescribed for the granting of a license to practice in his or her particular profession, and whether the applicant continues to possess a good moral character and is not otherwise disqualified to practice in this State. 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 provided in this chapter.

[9:152:1951]—(NRS A 1967, 867; 1981, 1976; 1995, 278; 2019, 3215; 2023, 3418)

NRS 631.342 Continuing education: Required courses and training; regulations.

1. The Board shall adopt regulations concerning continuing education in dentistry, dental hygiene, dental therapy and expanded function dental assistance. The regulations must include:

(a) Except as provided in NRS 631.3425, the number of hours of credit required annually;

(b) The criteria used to accredit each course, including, without limitation, specific criteria used to accredit a course in teledentistry; and

2. Except as otherwise provided in subsection 3, as part of continuing education, each licensee must complete a course of 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. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(a) An overview of acts of terrorism and weapons of mass destruction;

(b) Personal protective equipment required for acts of terrorism;

(c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(e) An overview of the information available on, and the use of, the Health Alert Network.

3. Instead of the course described in subsection 2, a licensee may complete:

(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; or

(b) Any other course that the Board determines to be the equivalent of a course specified in paragraph (a).

4. Notwithstanding the provisions of subsections 2 and 3, the Board may determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

5. Each licensee must complete, as part of continuing education, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.

6. In addition to any other continuing education required pursuant to this section, a licensee who holds a special endorsement issued pursuant to NRS 631.285 must biennially complete:

(a) At least 2 hours of continuing education concerning the life cycle of diseases, drugs and the administration of immunizations;

(b) A course offered by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning the epidemiology and prevention of diseases that are preventable by immunization;

(c) A course of training in the administration of immunizations offered by Immunize Nevada or its successor organization or, if that organization ceases to exist, another organization prescribed by regulation of the Board; or

(d) Another course of instruction relating to immunizations that is approved by:

(1) The Board;

(2) The American Dental Association, or its successor organization, or the societies which are a part of it;

(3) The American Dental Hygienists’ Association, or its successor organization, or the societies which are a part of it;

(4) The Academy of General Dentistry, or its successor organization;

(5) Any nationally recognized association of dental or medical specialists;

(6) Any university, college or community college located inside or outside this State; or

(7) Any hospital accredited by The Joint Commission.

7. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

(Added to NRS by 1985, 379; A 2003, 2956; 2009, 301; 2019, 3215; 2021, 389; 2023, 3329, 3418)

NRS 631.3425 Continuing education: Requirements for dental therapists. 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 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.

(Added to NRS by 2019, 3203)

NRS 631.343 Persons exempt from requirement of continuing education. A holder of an inactive license, or the holder of a license who is retired or has a disability, is exempt from the requirement of continuing education. If the holder of such a license applies to the Board to reactivate it, he or she must submit proof of continuing education for the year in which the license is restored to active status.

(Added to NRS by 1985, 379)

NRS 631.344 Training relating to persons with substance use and other addictive disorders and the prescribing of opioids; regulations. The Board shall, by regulation, require each holder of a license to practice dentistry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any such holder of a license may use training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.

(Added to NRS by 2015, 117; A 2017, 4414; 2021, 390)

NRS 631.345 Fees; regulations.

1. Except as otherwise provided in NRS 631.2715, the Board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:

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

Application fee for an initial license to practice dental hygiene or expanded function dental assistance 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, dental hygiene, dental therapy or expanded function dental assistance............................................................. 300

Fee for administering a clinical examination in dentistry............................ 2,500

Fee for administering a clinical examination in dental hygiene, dental therapy or expanded function dental assistance......................................................................................................................... 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 Board to renew a permit to administer general 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

Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene, dental therapy or expanded function dental assistance............. 600

Annual license renewal fee for a limited license to practice dental hygiene, dental therapy or expanded function dental assistance........................................................................................................... 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, dental therapist or expanded function dental assistant............................................................................................................................. 200

Biennial license renewal fee for a dental hygienist, dental therapist or expanded function dental assistant who is retired or has a disability............................................................................................. 100

Reinstatement fee for a suspended license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance............................................................................................... 500

Reinstatement fee for a revoked license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance........................................................................................................... 500

Reinstatement fee to return a dentist, dental hygienist, dental therapist or expanded function dental assistant who is inactive, retired or has a disability to active status.................................... 500

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

2. Except as otherwise provided in this subsection, the Board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

3. All fees prescribed in this section are payable in advance and must not be refunded.

[Part 4:152:1951; A 1953, 363]—(NRS A 1957, 343; 1967, 865; 1971, 533; 1981, 1974; 1983, 278; 1985, 382; 1987, 859; 1989, 1740; 1993, 2743; 1999, 1657, 2849; 2005, 285; 2009, 1528; 2011, 76; 2015, 3877; 2019, 3216; 2023, 3419)

ENTITIES OWNING OR OPERATING A DENTAL OFFICE OR CLINIC

NRS 631.3452 Designation and responsibilities of dental director of dental office or clinic; retention of records. Except as otherwise provided in NRS 631.3453, an entity that owns or operates a dental office or clinic as described in paragraph (g) of subsection 2 of NRS 631.215 must:

1. Designate an actively licensed dentist as the dental director of the dental office or clinic. The dental director shall have responsibility for the clinical practice of dentistry at the dental office or clinic, including, without limitation:

(a) Diagnosing or treating any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof.

(b) Administering or prescribing such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases.

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

(2) Which particular treatment is necessary or advisable.

(d) The overall quality of patient care that is rendered or performed in the clinical practice of dentistry.

(e) Supervising dental hygienists, dental therapists, dental assistants, expanded function dental assistants and other personnel involved in direct patient care and authorizing procedures performed by the dental hygienists, dental therapists, dental assistants, expanded function dental assistants and other personnel in accordance with the standards of supervision established by law or regulations adopted pursuant thereto.

(f) Providing any other specific services that are within the scope of clinical dental practice.

(g) Retaining patient dental records as required by law and regulations adopted by the Board.

(h) Ensuring that each patient receiving services from the dental office or clinic has a dentist of record.

2. Maintain current records of the names of licensed dentists who supervise the clinical activities of dental hygienists, dental therapists, dental assistants, expanded function dental assistants or other personnel involved in direct patient care. The records must be available to the Board upon written request.

(Added to NRS by 2009, 1092; A 2013, 479; 2023, 3420)

NRS 631.3453 Exemption from requirement to designate actively licensed dentist as dental director of dental office or clinic. The provisions of NRS 631.3452 requiring the designation of an actively licensed dentist as a dental director do not apply to a program for the provision of public health dental hygiene or dental therapy if:

1. The program is owned or operated by a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287 or a dental therapist licensed pursuant to this chapter; and

2. Each person employed to provide public health dental hygiene pursuant to the program is either a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287 or a dental therapist licensed pursuant to this chapter.

(Added to NRS by 2013, 478; A 2019, 3217)

NRS 631.3454 Ownership or operation not violation or dishonorable or unprofessional conduct; contract with entity by dentist or professional entity not prohibited.

1. It is not a violation of NRS 631.395 or an act of dishonorable or unprofessional conduct under NRS 631.346 to 631.349, inclusive, for an entity to own or operate a dental office or clinic as described in and operating in compliance with the provisions of paragraph (g) of subsection 2 of NRS 631.215 and 631.3452.

2. It is not a violation of NRS 631.3465 for a dentist or a professional entity organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with an entity described in and operating in compliance with the provisions of paragraph (g) of subsection 2 of NRS 631.215 and 631.3452.

(Added to NRS by 2009, 1092)

PERSONS OR ENTITIES PROVIDING GOODS OR SERVICES FOR SUPPORT OF THE BUSINESS OF A DENTAL PRACTICE, OFFICE OR CLINIC

NRS 631.3455 Unlicensed person or entity not precluded from providing goods or services for support of business of dental practice, office or clinic in certain circumstances. Nothing in this chapter precludes a person or entity not licensed by the Board from providing goods or services for the support of the business of a dental practice, office or clinic if the person or entity does not manage or control the clinical practice of dentistry. Such goods and services may include, without limitation, transactions involving:

1. Real and personal property, other than the ownership of the clinical records of patients; and

2. Personnel, other than licensed dentists, dental hygienists, dental therapists and expanded function dental assistants.

(Added to NRS by 2009, 3001; A 2023, 3421)

1. It is not a violation of NRS 631.395, or an act of dishonorable or unprofessional conduct under NRS 631.346 to 631.349, inclusive, for a person described in paragraph (i) of subsection 2 of NRS 631.215 to provide, or receive payment for providing, goods or services in accordance with the conditions set forth in paragraph (i) of subsection 2 of NRS 631.215.

2. It is not a violation of NRS 631.3465 for a dentist or a professional entity organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with a person described in and operating in accordance with the conditions set forth in paragraph (i) of subsection 2 of NRS 631.215.

(Added to NRS by 2009, 3001; A 2011, 119)

NRS 631.3457 Revocation of state business license for certain violations.

1. If the Board determines that a person who provides goods or services for the support of the business of a dental practice, office or clinic has committed any act described in subparagraph (1) or (2) of paragraph (i) of subsection 2 of NRS 631.215, the Board may seek revocation of any state business license held by that person by submitting a request for such revocation to the Secretary of State.

2. Upon receipt of a request for a revocation of a state business license pursuant to subsection 1, the Secretary of State shall revoke that license in accordance with the provisions of this section and in the manner provided in NRS 76.170 as if the holder of the license had failed to comply with a provision of chapter 76 of NRS.

3. The Secretary of State shall not issue a new license to the former holder of a state business license revoked pursuant to this section unless the Secretary of State receives notification from the Board that the Board is satisfied that the person:

(a) Will comply with any regulations of the Board adopted pursuant to the provisions of this chapter; and

(b) Will not commit any act described in subparagraph (1) or (2) of paragraph (i) of subsection 2 of NRS 631.215 or any act prohibited by regulations of the Board adopted pursuant to the provisions of this chapter.

4. As used in this section, “state business license” has the meaning ascribed to it in NRS 76.030.

(Added to NRS by 2009, 3002)

TELEDENTISTRY

NRS 631.3458 License required; requirements and standards for use of teledentistry; prohibited acts.

1. A person shall not provide dental services through teledentistry to a patient who is located at an originating site in this State unless the person:

(a) Is licensed to practice dentistry, dental hygiene or dental therapy in this State; and

(b) Has complied with subsection 2 of NRS 631.220.

2. The provisions of this chapter and the regulations adopted thereto, including, without limitation, clinical requirements, ethical standards and requirements concerning the confidentiality of information concerning patients, apply to services provided through teledentistry to the same extent as if such services were provided in person or by other means.

3. A licensee who provides dental services through teledentistry, including, without limitation, providing consultation and recommendations for treatment, issuing a prescription, diagnosing, correcting the position of teeth and using orthodontic appliances, shall provide such services in accordance with the same standards of care and professional conduct as when providing those services in person or by other means.

4. A licensee shall not:

(a) Provide treatment for any condition based solely on the results of an online questionnaire; or

(b) Engage in activity that is outside his or her scope of practice while providing services through teledentistry.

5. Nothing in this section or NRS 631.34581 to 631.34586, inclusive, prohibits an organization for dental care or an administrator of a health benefit plan that provides dental coverage from negotiating rates of reimbursement for services provided through teledentistry with a dentist, dental hygienist or dental therapist.

6. As used in this section:

(a) “Health benefit plan” has the meaning ascribed to it in NRS 695G.019.

(b) “Organization for dental care” has the meaning ascribed to it in NRS 695D.060.

(Added to NRS by 2023, 3322)

NRS 631.34581 Licensee required to maintain professional liability insurance. A licensee who provides dental services through teledentistry to patients located at an originating site in this State must possess and maintain a policy of professional liability insurance which insures the licensee against any liability arising from the provision of dental services.

(Added to NRS by 2023, 3323)

NRS 631.34582 Authorized uses.

1. A licensee may:

(a) Use teledentistry to examine an existing patient for the purpose of providing a new diagnosis, or to examine a new patient if the examination is sufficient, in accordance with evidence-based standards of practice, to provide an informed diagnosis.

(b) Collaborate in real time through teledentistry with a person who is not licensed pursuant to this chapter, including, without limitation, a community health worker, provider of health care or student who is enrolled in a program of study in dentistry, dental therapy or dental hygiene, to provide diagnostic services or plan treatment for a dental emergency.

2. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 2023, 3323)

NRS 631.34583 Bona fide relationship with patient required before use of teledentistry authorized; actions required before providing services through teledentistry; requirements for informed consent.

1. Except as otherwise provided in this subsection, a licensee must establish a bona fide relationship, as defined by regulation of the Board, with a patient before providing services to the patient through teledentistry. A licensee may establish such a relationship through teledentistry only:

(a) For the purpose of emergent care;

(b) In connection with a public health program; or

(c) To make an initial diagnosis of a malposition of teeth and a determination of the need for an orthodontic appliance. Such an initial diagnosis and determination must be confirmed through an in-person visit before the patient begins using the orthodontic appliance.

2. Before providing services to a patient through teledentistry, a licensee shall:

(a) Confirm the identity of the patient;

(b) If the patient is a minor who is not authorized by law to consent to the services, confirm that the parent or legal guardian of the patient is present;

(c) Confirm that the patient is located in a jurisdiction where the licensee is licensed or otherwise authorized to practice and document the location of the patient in the record of the patient;

(d) Obtain:

(1) Informed verbal or written consent that meets the requirements of subsection 4 from a patient who is an adult or a minor authorized by law to provide consent; or

(2) Informed written consent that meets the requirements of subsection 4 from the parent or guardian of a patient who is a minor and is not authorized by law to provide consent; and

(e) Document the informed consent provided pursuant to paragraph (d) in the record of the patient.

3. Before providing services through teledentistry and upon the request of a patient to whom services are provided through teledentistry, a licensee or any partnership, corporation or other entity through which a licensee provides services shall make available to the patient proof of the identity of the licensee, the telephone number of the licensee, the address at which the licensee practices, the license number of the licensee and any other relevant information concerning the qualifications of the licensee and any other licensee who will be involved in providing the services through teledentistry.

4. Informed consent to the provision of services through teledentistry requires the patient or his or her parent or guardian, as applicable, to be informed of:

(a) The types of services that will be provided through teledentistry and any limitations on the provision of those services through teledentistry;

(b) The information prescribed by subsection 3 for each licensee who will provide services through teledentistry;

(d) Any other information prescribed by regulation of the Board.

5. As used in this section:

(a) “Emergent care” means treatment of pain, infection or any other intraoral or perioral condition which presents immediate harm to the well-being of the patient and for which treatment cannot be postponed.

(b) “Public health program” means a program approved by the Board or any program administered by:

(1) The Department of Health and Human Services;

(2) A health district; or

(3) A school district.

(Added to NRS by 2023, 3323)

NRS 631.34584 Authorized technology; licensee required to create and maintain records of interactions with patients. A licensee who provides services through teledentistry shall:

1. Use communications technology that complies with Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto; and

2. Create a complete record of each encounter with a patient through teledentistry and maintain such records in accordance with all applicable federal and state laws and regulations, including, without limitation:

(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto;

(b) NRS 629.051 to 629.069, inclusive;

(d) NRS 631.392.

(Added to NRS by 2023, 3324)

NRS 631.34585 Knowledge of dental care in geographical area in which patient is located required; notice of inability to competently provide services through teledentistry; referral for acute care.

1. A licensee who provides services through teledentistry must be adequately familiar with the nature and availability of dental care in the geographical area in which the patient is located to ensure that the patient receives appropriate care after the provision of the services.

2. If a licensee is not able to competently provide services through teledentistry, including, without limitation, because the licensee is unable to receive adequate information about the patient, the licensee must notify the patient of that fact and:

(a) Provide the services in person;

(b) Request any additional information necessary to competently provide the services through teledentistry; or

3. A licensee who provides services through teledentistry shall refer a patient to the emergency department of a hospital or another provider of acute care in an emergency or any other situation where the provision of acute care is necessary to protect the health and safety of the patient.

(Added to NRS by 2023, 3325)

NRS 631.34586 Regulations.

1. The Board shall adopt regulations governing the provision of dental services through teledentistry. Those regulations must include, without limitation, requirements concerning:

(a) The issuance of a prescription through teledentistry;

(b) The maintenance of records concerning patients to whom services are provided through teledentistry and the protection of the privacy of such patients;

(1) Licensees and the office of a physician, physician assistant or advanced practice registered nurse; and

(2) Licensees who practice in different specialty areas; and

(d) Interaction between licensees using teledentistry, including, without limitation:

(1) The supervision of a dental therapist who has not completed the hours of clinical practice set forth in NRS 631.3122 or of a dental hygienist by a dentist using teledentistry; and

(2) Interaction between different licensees who are providing care to the same patient.

2. The regulations adopted pursuant to subsection 1 may prescribe evidence-based standards of practice that must be used when providing services through teledentistry to ensure the safety of patients, the quality of care and positive outcomes.

(Added to NRS by 2023, 3325)

UNPROFESSIONAL CONDUCT

1. Employing, directly or indirectly, any student or any suspended or unlicensed dentist, dental hygienist, dental therapist or expanded function dental assistant to perform operations of any kind to treat or correct the teeth or jaws, except as provided in this chapter;

2. Except 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;

3. Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry, but a patient shall not be deemed to be an accomplice, employer, procurer, inducer, aider or abettor;

4. For a dental hygienist or dental therapist, practicing in any place not authorized pursuant to this chapter; or

5. Practicing while a license is suspended or without a renewal certificate.

(Added to NRS by 1983, 1106; A 2001, 2694; 2019, 3217; 2023, 3421)

1. Dividing fees or agreeing to divide fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his or her legal representative, but licensed dentists are not prohibited from:

(a) Practicing in a partnership and sharing professional fees;

(b) Employing another licensed dentist, dental hygienist, dental therapist or expanded function dental assistant; or

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

3. Associating with or being employed by a person not licensed pursuant to this chapter if that person exercises control over the services offered by the dentist, owns all or part of the dentist’s practice or receives or shares the fees received by the dentist. The provisions of this subsection do not apply to a dentist who:

(a) Associates with or is employed by a person who owns or controls a dental practice pursuant to NRS 631.385; or

(b) Is employed by a board of hospital trustees or a hospital governing board pursuant to NRS 450.180.

4. Using the name “clinic,” “institute,” “referral services” or other title or designation that may suggest a public or semipublic activity.

5. Practicing under the name of a dentist who has not been in active practice for more than 1 year.

(Added to NRS by 1983, 1107; A 1987, 1041; 2023, 869, 3422)

NRS 631.347 Participation in plan requiring patients to select dentist from preselected group unless plan for personal selection offered; authorized disciplinary action. Participating in any plan or practice in which patients are required to select a dentist from a preselected group constitutes unprofessional conduct unless those patients are also offered a plan which provides them with a reasonable opportunity to select a dentist of their own choice. The Board may not revoke the license of a person who participates in such a plan or practice but may take any other action authorized in this chapter regarding unprofessional conduct.

(Added to NRS by 1983, 1107)

1. Malpractice;

2. Professional incompetence;

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

4. More than one act by the dentist, dental hygienist, dental therapist or expanded function dental assistant constituting substandard care in the practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance, as applicable;

5. Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

6. Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

(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; or

7. Having an alcohol or other substance use disorder 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. Conviction 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;

9. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

10. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto;

11. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;

12. Failure to comply with the provisions of NRS 454.217 or 629.086;

13. Failure to obtain any training required by the Board pursuant to NRS 631.344;

14. Failure to actively involve a patient in decisions concerning his or her treatment;

15. Requiring a patient to enter into an agreement that restricts the ability of the patient to submit a complaint to the Board;

16. The performance or supervision of the performance of a pelvic examination in violation of NRS 629.085;

17. Administering an immunization if the dentist, dental hygienist or dental therapist does not hold a special endorsement issued pursuant to NRS 631.285;

18. Failure to comply with:

(a) The requirements of NRS 439.265; or

(b) Any requirement of NRS 631.2851, 631.2852 or 631.2853;

19. Failure to review diagnostic digital or conventional radiographs for orthodontia before:

(a) Making an initial diagnosis of or taking any action to correct malpositions of teeth; or

(b) The initial use of an orthodontic appliance;

20. Failure to comply with the requirements of subsection 3 of NRS 631.34583; or

21. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

(a) The license of the facility is suspended or revoked; or

(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

(Added to NRS by 1983, 1107; A 1987, 1556; 1993, 784; 2009, 882; 2011, 258, 849; 2015, 117, 1171; 2017, 1256, 4414; 2019, 2202, 3218, 3886; 2021, 1573; 2023, 3331, 3422)

NRS 631.348 Misleading statements; false advertising; fraud in securing license; practice under misleading name; submitting fraudulent claim to insurer; failure to notify insurer of forgiven debt. The following acts, among others, constitute unprofessional conduct:

1. Publishing or circulating, directly or indirectly, any fraudulent, false or misleading statement concerning the skill or method of practice of any dentist;

2. Using advertising which is false or misleading;

3. Claiming or inferring professional superiority over neighboring practitioners;

4. Using fraud or misrepresentation to secure a license;

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

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

7. Failing repeatedly to advise an insurer that the dentist has forgiven the patient’s share of the payment to the dentist under a policy of insurance. This failure to notify an insurer includes forgiving one patient’s debts more than once and forgiving the debt of different patients with different insurers on a regular basis.

(Added to NRS by 1983, 1108)

NRS 631.3485 Violation of chapter or regulations; failure to pay fee for license; failure to make health care records available for inspection and copying.

1. The following acts, among others, constitute unprofessional conduct:

(a) Willful or repeated violations of the provisions of this chapter;

(b) Willful or repeated violations of the regulations of the State Board of Health, the State Board of Pharmacy or the Board of Dental Examiners of Nevada;

(d) Failure to make the health care records of a patient available for inspection and copying as provided in NRS 629.061, if the dentist, dental hygienist, dental therapist or expanded function dental assistant is the custodian of health care records with respect to those records.

2. As used in this section, “custodian of health care records” has the meaning ascribed to it in NRS 629.016.

(Added to NRS by 1983, 1108; A 1987, 801, 1041; 2017, 2763; 2023, 3423)

1. 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, dental hygiene, dental therapy or expanded function dental assistance, 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 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 NRS 425.560.

2. The Board shall reinstate a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance 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 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; and

(b) The person whose license was suspended pays the fee imposed pursuant to NRS 631.345 for the reinstatement of a suspended license.

(Added to NRS by 1997, 2123; A 2005, 2807; 2019, 3219; 2023, 3423)

NRS 631.349 Examples of unprofessional conduct not complete list or authorization of other acts; Board may hold similar acts unprofessional conduct. The acts described in NRS 631.346 to 631.3485, inclusive, must not be construed as a complete list of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the Board from holding that other or similar acts constitute unprofessional or dishonorable conduct.

(Added to NRS by 1983, 1108)

DISCIPLINARY AND OTHER ACTIONS

1. Except as otherwise provided in NRS 631.271, 631.2715 and 631.347, the Board may:

(a) Refuse to issue a license to any person;

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

(d) Place a person on probation for a specified period on any conditions the Board may order;

(e) Issue a public reprimand to a person;

(f) Limit a person’s practice to certain branches of dentistry;

(g) Require a person to participate in a program relating to an alcohol or other substance use disorder or any other impairment;

(h) Require that a person’s practice be supervised;

(i) 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;

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

(l) Require a person to reimburse a patient; or

(m) Any combination thereof,

Ê if the Board finds, by a preponderance of the evidence, that the person has engaged in any of the activities listed in subsection 2.

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

(a) Engaging in the illegal practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance;

(b) Engaging in unprofessional conduct; or

3. 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.

4. If a hearing officer or panel is not authorized to take disciplinary 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.

5. The Board shall not administer a private reprimand.

6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

[10:152:1951]—(NRS A 1981, 1976; 1983, 1114, 1535, 1546, 1547; 1987, 860; 1999, 1531, 1658, 2849; 2001, 91; 2001 Special Session, 154; 2003, 3438; 2005, 287; 2009, 1529; 2015, 719; 2019, 3219; 2023, 3424)

NRS 631.355 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; final decision in contested case.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 631.350 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto. Before taking disciplinary action, the hearing officer or panel shall review and consider the findings and recommendations of a review panel appointed pursuant to NRS 631.3635.

2. Any decision of the hearing officer or panel relating to the imposition of any disciplinary action pursuant to this chapter is a final decision in a contested case.

(Added to NRS by 1983, 1535; A 1987, 861; 2017, 989)

NRS 631.360 Investigation, notice and hearing; subpoena; search warrant; continuances; retention of complaints; regulations.

1. Except as otherwise provided in NRS 631.364, the Board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who practices dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

2. The Board shall, before initiating disciplinary action, at least 10 days before the date set for the hearing, notify the accused person in writing of any charges made. The notice may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the Board.

3. At the time and place fixed in the notice, the Board shall proceed to hear the charges. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.

4. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Executive Director may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

5. The Board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.

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

7. The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

[Part 11:152:1951]—(NRS A 1969, 95; 1981, 99; 1983, 1114; 1993, 784; 2007, 508; 2009, 883; 2013, 2219; 2017, 4415; 2023, 3425)

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

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

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

3. If, after the hearing, the investigator determines that the Board should take further action concerning the matter, the investigator shall prepare written findings of fact and conclusions and submit them to the Board. A copy of the report must be sent to the person being investigated.

4. If the Board, after receiving the report of its investigator pursuant to this section, holds its own hearing on the matter pursuant to NRS 631.360, it may consider the investigator’s report but is not bound by his or her findings or conclusions. The investigator and any member of a review panel appointed pursuant to NRS 631.3635 shall not participate in the hearing conducted by the Board.

5. If the person who was investigated agrees in writing to the findings and conclusions of the investigator, the Board may adopt that report as its final order and take such action as is necessary without conducting its own hearing on the matter.

(Added to NRS by 1983, 1108; A 2017, 989)

NRS 631.3635 Appointment of panel to review investigation or informal hearing; members; requirements of review; findings and recommendation.

1. The Board shall appoint a panel to review an investigation or informal hearing conducted pursuant to NRS 631.363. Such a panel must consist of:

(a) If the subject of the investigation or informal hearing is a holder of a license to practice dental hygiene, one member of the Board who is a holder of a license to practice dentistry, one member of the Board who is a holder of a license to practice dental hygiene and one holder of a license to practice dental hygiene who is not a member of the Board and is not the subject of the investigation or informal hearing.

(b) If the subject of the investigation or informal hearing is a holder of a license to practice dentistry or any other person not described in paragraph (a), one member of the Board who is a holder of a license to practice dentistry, one member of the Board who is a holder of a license to practice dental hygiene and one holder of a license to practice dentistry who is not a member of the Board and is not the subject of the investigation or informal hearing.

2. A review panel appointed pursuant to subsection 1 shall, in conducting a review of an investigation or informal hearing conducted pursuant to NRS 631.363, review and consider, without limitation:

(a) All files and records collected or produced by the investigator;

(b) Any written findings of fact and conclusions prepared by the investigator; and

3. The investigator who conducted the investigation or informal hearing pursuant to NRS 631.363 shall not participate in a review conducted pursuant to subsection 1.

4. Before the Board takes any action or makes any disposition relating to a complaint, the review panel appointed pursuant to subsection 1 to conduct a review of the investigation or informal hearing relating to the complaint shall present to the Board its findings and recommendation relating to the investigation or informal hearing, and the Board shall review and consider those findings and recommendations.

5. Meetings held by a review panel appointed pursuant to subsection 1 are not subject to the provisions of chapter 241 of NRS.

(Added to NRS by 2017, 988)

1. The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

(a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

(c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

2. If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

3. A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

(a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

(b) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

4. If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

5. When deemed appropriate, the Executive Director of the Board may:

(a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

(b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

6. The Board shall:

(a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

(b) Develop and disseminate to each dentist licensed pursuant to this chapter or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those dentists of the requirements of this section and NRS 631.365, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

(Added to NRS by 2017, 4412; A 2019, 2129)

NRS 631.365 Summary suspension of licensee’s authority to prescribe, administer or dispense certain controlled substances; issuance of order; formal hearing and decision.

1. If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member, employee, investigator or other agent of the Board who conducted the investigation.

2. If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member, employee, investigator or other agent of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

3. If the Board, the presiding officer of an investigative committee of the Board or a member, employee, investigator or other agent of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 180 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

(Added to NRS by 2017, 4414)

NRS 631.366 Enforcement of subpoena by district court.

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

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

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

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

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

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

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

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

Ê and requesting an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.

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

4. The court may consider, in determining whether reasonable cause existed for the witness’s refusal or failure to comply with the subpoena, such factors as:

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

(b) The time allowed for compliance;

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

(Added to NRS by 1983, 1109; A 2007, 508)

1. Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board or a review panel appointed pursuant to NRS 631.3635 and any record of the investigation or review are confidential.

2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

3. The Board shall, to the extent feasible, communicate or cooperate with or provide any record or information described in subsection 1 to any other licensing board or any other agency that is investigating a person, including a law enforcement agency.

(Added to NRS by 1993, 2742; A 2003, 3439; 2007, 2135; 2013, 2220; 2017, 990)

MISCELLANEOUS PROVISIONS

NRS 631.371 Use of letters “M.D.” or other appropriate abbreviation by certain dentists who hold degree as doctor of medicine. A dentist licensed pursuant to this chapter who holds a degree as a doctor of medicine and is not licensed as a physician pursuant to chapter 630 of NRS may identify himself or herself as a doctor of medicine and use the letters “M.D.” or any other appropriate abbreviation if the dentist clearly identifies himself or herself as a practitioner of dentistry.

(Added to NRS by 2003, 438)

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

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

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

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

(Added to NRS by 1987, 2222)

NRS 631.378 Immunity from civil liability.

1. Any person who furnishes information to the Board concerning a licensee or an applicant for licensure, in good faith and without malicious intent, is immune from any civil action for furnishing that information.

2. The Board, a review panel, any member, employee or committee of the Board or a review panel, counsel, investigator, expert, hearing officer, licensee or other person who assists the Board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning licensure or reissuance of a license or a criminal prosecution is immune from any civil liability for:

(a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board.

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

3. A defendant who is the prevailing party in a civil action brought pursuant to subsection 2 may recover the attorney’s fees and costs incurred in defending the action.

(Added to NRS by 2001, 907; A 2017, 990)

NRS 631.380 Validity of license or renewal certificate to practice dentistry or specialty thereof issued on or before March 20, 1951. All licenses and renewal certificates to practice dentistry or a specialty thereof heretofore issued by the Board and in force on March 20, 1951, shall remain in force subject to the provisions of this chapter, and shall entitle the holders to practice their profession as therein designated.

[14:152:1951]—(NRS A 2019, 3220)

NRS 631.385 Ownership or control of practice without license by family member for limited period after death of dentist. A surviving member of a dentist’s family may own all or part of or control that dentist’s practice after the dentist’s death, share in the fees received therefrom and control or attempt to control the services offered without being licensed pursuant to this chapter for no more than 2 years after the dentist’s death.

(Added to NRS by 1983, 1108)

NRS 631.388 Manager of business of dental practice, office or clinic required to register certain information with Board. A person who manages the business of a dental practice, office or clinic shall register with the Board:

1. The name and business address of the person;

2. The address of the dental practice, office or clinic of the business which the person manages; and

3. The names of the licensed dentist or other entity not prohibited from owning or operating a dental practice, office or clinic whose business the person manages.

(Added to NRS by 2009, 3002)

NRS 631.389 Limitation on fees for covered services in certain circumstances.

1. If a dentist accepts payment for the costs of dental care from a patient’s plan for dental care and the dentist provides a covered service to the patient for which reimbursement is not available because the patient has exceeded the benefit provided for the calendar year under the terms of the patient’s policy, the dentist shall charge the same fees to the patient for the covered service as the dentist would have charged the patient pursuant to the terms of the policy if the benefit provided for the calendar year under the terms of the policy had not been exceeded.

2. As used in this section:

(a) “Covered service” has the meaning ascribed to it in NRS 695D.227.

(b) “Dental care” has the meaning ascribed to it in NRS 695D.030.

(d) “Policy” has the meaning ascribed to it in NRS 695D.080.

(Added to NRS by 2013, 1240)

NRS 631.391 Regulations for administration of certain neuromodulators related to Clostridium botulinum and dermal or soft tissue fillers; proof of training.

1. The Board shall adopt regulations prescribing the training that a dentist must receive before injecting:

(a) A neuromodulator that is derived from Clostridium botulinum;

(b) A neuromodulator that is biosimilar to or the bioequivalent of a neuromodulator described in paragraph (a); or

2. A dentist who has received the training prescribed pursuant to subsection 1 shall present proof of such training upon the request of a patient or any state or local governmental agency or agent thereof.

3. As used in this section “dermal or soft tissue filler” has the meaning ascribed to it in NRS 629.086.

(Added to NRS by 2017, 1255)

NRS 631.392 Electronic storage of patient information: Requirements. A licensee who electronically stores information concerning patients shall:

1. Store and share such information using a secure server; and

2. Ensure that any electronic device on which such information is stored or that may be used to access such information is encrypted and requires a password.

(Added to NRS by 2023, 3325)

NRS 631.393 Duty to refer minor patient to dental home in certain circumstances.

1. A dentist, dental therapist or dental hygienist that performs an initial dental examination, screening or assessment on a minor shall refer the minor or his or her parent or guardian to a dental home, which may include, without limitation, a virtual dental home, when appropriate.

2. As used in this section:

(a) “Dental home” means an entity that arranges for the provision of oral health care that is continuously available and delivered in a comprehensive, coordinated and family-centered manner by a dentist licensed in this State.

(b) “Virtual dental home” means a dental home that uses teams of persons licensed pursuant to chapter 631 of NRS who are connected to the patient and each other through teledentistry to provide comprehensive oral health care in a community setting.

(Added to NRS by 2023, 3328)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 631.395 Acts constituting illegal practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance. A person is guilty of the illegal practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance who:

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, dental hygienists, dental therapists or expanded function dental assistants;

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

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

4. 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, dental hygienist, dental therapist or expanded function dental assistant;

5. Practices dentistry under a false or assumed name;

6. 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 to his or her name with the intent to represent falsely that he or she has received a dental degree or license;

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

8. Within 10 days after a demand is made by the Secretary-Treasurer, fails to furnish to the Board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days before the notice, together with a sworn statement showing under and by what license or authority the person and his or her employee are and have been practicing dentistry, but the affidavit must not be used as evidence against the person in any proceeding under this chapter;

9. Except as otherwise provided in NRS 629.091, practices dentistry, dental hygiene, dental therapy or expanded function dental assistance in this State without a license;

10. Except as otherwise provided in NRS 631.385, owns or controls a dental practice, shares in the fees received by a dentist or controls or attempts to control the services offered by a dentist if the person is not himself or herself licensed pursuant to this chapter; or

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

[Part 2:152:1951]—(NRS A 1971, 531; 1981, 1970; 1983, 1110; 1995, 278, 750; 2019, 3220; 2023, 3425)

NRS 631.396 Inspection of premises by Board. Any member or agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices dentistry, dental hygiene, dental therapy or expanded function dental assistance and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing dentistry, dental hygiene, dental therapy or expanded function dental assistance without the appropriate license or certificate issued pursuant to the provisions of this chapter.

(Added to NRS by 2013, 2219; A 2023, 3426)

NRS 631.397 Practicing or offering to practice without license or certificate: Reporting requirements of Board. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance without the appropriate license or certificate issued pursuant to the provisions of this chapter.

(Added to NRS by 2013, 2219; A 2023, 3426)

NRS 631.400 Prohibited acts; penalties; injunctive relief.

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.

2. Unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, a person who practices or offers to practice dental hygiene, dental therapy or expanded function dental assistance in this State without a license, or who, having a license, practices dental hygiene, dental therapy or expanded function dental assistance in a manner or place not permitted by the provisions of this chapter:

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

(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.

3. Unless a greater penalty is provided by specific statute, a person who is licensed to practice dentistry who practices dentistry in a manner or place not permitted by the provisions of this chapter:

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

(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.

4. The Board may assign a person described in subsection 1, 2 or 3 specific duties as a condition of renewing a license.

5. 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. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

6. In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, 2 or 3, the Board may:

(a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 1, 2 or 3. An order to cease and desist must include a telephone number with which the person may contact the Board.

(b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

[3:152:1951]—(NRS A 1957, 343; 1981, 1977; 1983, 1115, 1535, 1547; 1995, 1310; 2007, 509; 2013, 997, 2220; 2019, 3221; 2023, 3427)