[Rev. 11/21/2013 12:45:54 PM--2013]

CHAPTER 631 - DENTISTRY AND DENTAL HYGIENE

GENERAL PROVISIONS

NRS 631.005           Definitions.

NRS 631.015           “Accredited” defined.

NRS 631.020           “Board” defined.

NRS 631.025           “Conscious sedation” defined.

NRS 631.027           “Deep sedation” defined.

NRS 631.030           “Dental hygiene” defined.

NRS 631.040           “Dental hygienist” defined.

NRS 631.055           “General anesthesia” defined.

NRS 631.070           “License” defined.

NRS 631.075           “Malpractice” defined.

NRS 631.095           “Professional incompetence” defined.

NRS 631.100           “Renewal certificate” defined.

NRS 631.105           “Supervision by a dentist” defined.

NRS 631.115           Applicability of chapter.

BOARD OF DENTAL EXAMINERS OF NEVADA

NRS 631.120           Creation; membership.

NRS 631.130           Qualifications of members; restrictions on participation in examinations.

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; meetings; quorum.

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

NRS 631.180           Compensation of members and employees; deposit and expenditure of fees.

NRS 631.190           Powers and duties.

NRS 631.195           Fiscal year.

COMMITTEE ON DENTAL HYGIENE

NRS 631.205           Creation; membership; powers and duties.

LICENSING

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

NRS 631.220           Filing of application for license.

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 examination.

NRS 631.240           Examination; 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.

NRS 631.260           Issuance of licenses.

NRS 631.265           Permit to administer general anesthesia, conscious sedation or deep sedation.

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

NRS 631.271           Limited license to practice dentistry or dental hygiene; permit authorizing certain persons to practice dentistry or dental hygiene.

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 hygiene.

NRS 631.274           Restricted geographical license to practice dentistry or dental hygiene.

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

NRS 631.280           Failure of examination; limitation on reexamination.

NRS 631.287           Dental hygienists: Special endorsement of license to practice public health dental hygiene; renewal.

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; supervision; provision of services.

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

NRS 631.313           Assignment of dental hygienist or dental assistant to perform intraoral tasks under supervision of dentist; exception; administration of local anesthesia or nitrous oxide by dental hygienist.

NRS 631.317           Regulations concerning intraoral tasks and other practices.

NRS 631.330           Renewal of license: Requirements; issuance of renewal certificate.

NRS 631.335           Inactive status of license.

NRS 631.340           Restoration of license.

NRS 631.342           Regulations concerning continuing education.

NRS 631.343           Persons exempt from requirement of continuing education.

NRS 631.345           Fees.

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         Designation of dental director of dental office or clinic; exceptions.

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.

UNPROFESSIONAL CONDUCT

NRS 631.346           Employment of unlicensed person; public demonstrations; aiding in unlicensed practice; dental hygienist 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; inebriety or addiction; gross immorality; conviction of certain crimes; 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.

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 ACTION

NRS 631.350           Disciplinary powers of Board; 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           Action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel.

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

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

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; 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 for furnishing information to Board or otherwise assisting in investigation or prosecution; recovery of attorney’s fees and costs.

NRS 631.380           Validity of license or renewal certificate issued on or before March 20, 1951.

NRS 631.385           Ownership or control of practice without license after death of dentist.

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

NRS 631.389           Fees for covered service.

UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF

NRS 631.395           Acts constituting illegal practice of dentistry.

NRS 631.396           Inspection of premises by Board.

NRS 631.397           Practicing or offering to practice dentistry or dental hygiene without appropriate license or certificate; reporting requirements.

NRS 631.400           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 631.105, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1983, 1106; A 1987, 857; 1989, 1739; 2001, 2692)

      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 631.025  “Conscious sedation” defined.  “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      (Added to NRS by 2001, 2691)

      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 631.055  “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 either dental hygiene or dentistry, or any of the special branches of dentistry, as provided by the license.

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

      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 631.095  “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 631.105  “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 631.115  Applicability of chapter.  Except as otherwise provided in subsection 2 of NRS 631.317, this chapter does not apply to:

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

      2.  A dentist or dental hygienist 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.

      [13:152:1951]—(NRS A 1971, 537; 1987, 861; 1995, 1097; 2009, 820)—(Substituted in revision for NRS 631.390)

BOARD OF DENTAL EXAMINERS OF NEVADA

      NRS 631.120  Creation; membership.  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; restrictions on participation in examinations.

      1.  The Governor shall appoint:

      (a) 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.

      (b) One member who has resided in Nevada for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) Three members who:

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

             (2) Are residents of Nevada; and

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

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

             (1) A dentist or a dental hygienist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist or a dental hygienist.

      2.  The members who are dental hygienists may vote on all matters but may not participate in grading any clinical examinations required by NRS 631.240 for the licensing of dentists.

      3.  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.

      [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)

      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.

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

      2.  The three members of the Board who are dental hygienists 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.

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

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

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

      3.  A quorum consists of five members who are dentists and two members who are dental hygienists.

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

      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  Compensation 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 or savings and loan associations 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, 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. Notwithstanding the provisions of this subsection, the Attorney General in his or her sole discretion may, but is not required to, serve as legal counsel for the Board at any time and in any and all matters.

      3.  Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.

      4.  Examine applicants for licenses to practice dentistry and dental hygiene.

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

      6.  Keep a register of all dentists and dental hygienists 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)

      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

      NRS 631.205  Creation; membership; powers and duties.

      1.  The Committee on Dental Hygiene is hereby created.

      2.  The Committee consists of:

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

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

      3.  The Committee:

      (a) May accept recommendations from dental hygienists, dentists and the general public and may meet to review such recommendations.

      (b) May make recommendations to the Board concerning:

             (1) The practice of dental hygiene; and

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

      (c) Shall carry out any duties the Board may assign to the Committee.

      (Added to NRS by 2003, 519)

LICENSING

      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 or qualified technician from making radiograms or X-ray exposures or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) 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.

      (c) 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 assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) 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.

      (f) 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.

      (g) 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.

      (h) 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.

      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)

      NRS 631.220  Filing of application for license.

      1.  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, must:

      (a) File an application with the Board at least 45 days before:

             (1) The date on which the examination will be given; or

             (2) If an examination is not required for the issuance of a license, the date on which the Board is scheduled to take action on the application.

      (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.

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

      [Part 5:152:1951]—(NRS A 1967, 865; 1987, 858; 1989, 1739; 1995, 276; 1997, 2124; 2003, 2860; 2005, 2717, 2807; 2007, 505)

      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.]

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

      (a) An applicant for the issuance of a license to practice dentistry or dental hygiene shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice dentistry or dental hygiene 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 or dental hygiene 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)

      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.]

      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 or dental hygiene 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 or dental hygiene 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, 2718, 2807, 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 examination.

      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 citizen of the United States, or is lawfully entitled to remain and work in the United States;

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

      (d) Is of good moral character.

      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)

      NRS 631.240  Examination; 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, within the 5 years immediately preceding the date of the application, 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)

      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.

      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

      (c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry,

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 upon submission of substantial evidence to the Board 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)

      NRS 631.260  Issuance of licenses.  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 or dentistry, or any special branch of dentistry, as in such license defined, subject to the provisions of this chapter.

      [Part 5:152:1951]

      NRS 631.265  Permit to administer general anesthesia, conscious sedation or deep sedation.

      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, conscious 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, conscious 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)

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

      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)

      NRS 631.271  Limited license to practice dentistry or dental hygiene; permit authorizing certain persons to practice dentistry or dental hygiene.

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

      (a) Is qualified for a license to practice dentistry or dental hygiene in this State;

      (b) Pays the required application fee;

      (c) Has entered into a contract with:

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

             (2) An accredited program of dentistry or dental hygiene 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 or dental hygiene 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 or 631.290, as appropriate; and

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

             (1) Has a license to practice dentistry or dental hygiene 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 and is a citizen of the United States or is lawfully entitled to remain and work in the United States. 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, is lawfully entitled to remain and work in the United States 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 or dental hygiene 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 or dental hygiene,

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 or dental hygiene 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 or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene 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 or dental hygiene in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene 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 upon submission of substantial evidence to the Board 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)

      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

      (c) Has a documented history of substance abuse.

      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

      (c) Any event or circumstance described in subsection 4.

      (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 upon submission of substantial evidence to the Board 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)

      NRS 631.273  Temporary license to practice dental hygiene.

      1.  Except as otherwise provided in this section, the Board shall, without a clinical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

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

      (b) Satisfies the requirements of NRS 631.290;

      (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that the person applies for a temporary license;

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

      (e) Has not been denied a license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

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

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300; and

      (h) Submits 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 hygiene for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental hygiene without a clinical examination required by NRS 631.300 if the person has held a temporary license to practice dental hygiene 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, 2006, issue any additional temporary licenses to practice dental hygiene pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dental hygiene issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental hygiene 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 dental hygiene in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time upon submission of substantial evidence to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

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

      NRS 631.274  Restricted geographical license to practice dentistry or dental hygiene.

      1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a restricted geographical license to practice dentistry or dental hygiene 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 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene 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 or 631.300 for any applicant intending to practice dentistry or dental hygiene in one or more rural areas within those counties in which dental or dental hygiene 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 or 631.300 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 or dental hygiene 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 or dental hygiene in this State;

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

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

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

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

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

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

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

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 or dental hygiene 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 or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene 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 or 631.300 if the person:

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

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene 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 upon submission of substantial evidence to the Board 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)

      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 general supervision of the State Dental Health Officer or 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 upon submission of substantial evidence to the Board 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)

      NRS 631.280  Failure of examination; limitation on reexamination.  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)

      NRS 631.287  Dental hygienists: Special endorsement of license to practice public health dental hygiene; renewal.

      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.

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

      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;

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (d) 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)

      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 present evidence to the Board that the applicant has passed such a clinical examination within the 5 years immediately preceding the date of the application;

             (2) Successfully complete a clinical examination in dental hygiene given by the Board which examines the applicant’s practical knowledge of dental hygiene and which includes, but is not limited to, demonstrations in the removal of deposits from, and the polishing of, the exposed surface of the teeth; or

             (3) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The clinical examination given by the Board must include components that are:

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

      (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

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

      4.  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)

      NRS 631.310  Dental hygienists: Places of practice; supervision; 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.

      (c) In a clinic or in clinics in a state institution as an employee of the institution.

      (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 631.311  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 631.313  Assignment of dental hygienist or dental assistant to perform intraoral tasks under supervision of dentist; exception; administration of local anesthesia or nitrous oxide by dental hygienist.

      1.  A licensed dentist may assign to a person in his or her employ who is a dental hygienist, 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, 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, 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) 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, conscious 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)

      NRS 631.317  Regulations concerning intraoral tasks and other practices.  The Board shall adopt rules or regulations:

      1.  Specifying the intraoral tasks that may be assigned by a licensed dentist to a dental hygienist or dental assistant in his or her employ or that may be performed by a dental hygienist engaged in school health activities or employed by a public health agency.

      2.  Governing the practice of dentists and dental hygienists in full-time employment with the State of Nevada.

      (Added to NRS by 1971, 531)

      NRS 631.330  Renewal of license: Requirements; issuance of renewal certificate.

      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 or dental hygiene 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)

      NRS 631.335  Inactive status of license.

      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 certificate to practice dental hygiene or dentistry or any special branch of dentistry 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)

      NRS 631.342  Regulations concerning continuing education.

      1.  The Board shall adopt regulations concerning continuing education in dentistry and dental hygiene. The regulations must include:

      (a) The number of hours of credit required annually;

      (b) The criteria used to accredit each course; and

      (c) The requirements for submission of proof of attendance at courses.

      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.  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.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (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)

      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 631.345  Fees.

      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.................... 750

Application fee for a specialist’s license to practice dentistry........................ 300

Application fee for a limited license or restricted license to practice dentistry or dental hygiene            300

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

Fee for administering a clinical examination in dental hygiene................. 1,500

Application and examination fee for a permit to administer general anesthesia, conscious sedation or deep sedation.   750

Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, conscious sedation or deep sedation.................................................................................................... 500

Biennial renewal fee for a permit to administer general anesthesia, conscious sedation or deep sedation           600

Fee for the inspection of a facility required by the Board to renew a permit to administer general anesthesia, conscious sedation or deep sedation............................................................................... 350

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............................................................................................................... 600

Annual license renewal fee for a limited license to practice dental hygiene 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......................... 200

Biennial license renewal fee for a dental hygienist who is retired or has a disability 100

Reinstatement fee for a suspended license to practice dentistry or dental hygiene   500

Reinstatement fee for a revoked license to practice dentistry or dental hygiene       500

Reinstatement fee to return a dentist or dental hygienist 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)

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 (f) 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.

      (c) Determining:

             (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 assistants and other personnel involved in direct patient care and authorizing procedures performed by the dental hygienists, 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 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)

      NRS 631.3453  Designation of dental director of dental office or clinic; exceptions.  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 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; and

      2.  Each dental hygienist employed to provide public health dental hygiene pursuant to the program holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287.

      (Added to NRS by 2013, 478)

      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 (f) 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 (f) 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 and dental hygienists.

      (Added to NRS by 2009, 3001)

      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.

      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 (h) 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 (h) 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 (h) 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 (h) 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 (h) 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)

UNPROFESSIONAL CONDUCT

      NRS 631.346  Employment of unlicensed person; public demonstrations; aiding in unlicensed practice; dental hygienist practicing in unauthorized place; practice with license suspended or without renewal certificate.  The following acts, among others, constitute unprofessional conduct:

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

      2.  Except as otherwise provided in NRS 631.287, 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, 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)

      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.  The following acts, among others, constitute unprofessional conduct:

      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 or dental hygienist; or

      (c) Rendering services as a member of a nonprofit professional service corporation.

      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 associates with or is employed by a person who owns or controls a dental practice pursuant to NRS 631.385.

      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)

      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)

      NRS 631.3475  Malpractice; professional incompetence; disciplinary action in another state; substandard care; procurement or administration of controlled substance or dangerous drug; inebriety or addiction; gross immorality; conviction of certain crimes; certain operation of medical facility.  The following acts, among others, constitute unprofessional conduct:

      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 or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

      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

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;

      7.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      8.  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; or

      10.  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)

      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.  The following acts, among others, constitute unprofessional conduct:

      1.  Willful or repeated violations of the provisions of this chapter;

      2.  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;

      3.  Failure to pay the fees for a license; or

      4.  Failure to make the health care records of a patient available for inspection and copying as provided in NRS 629.061.

      (Added to NRS by 1983, 1108; A 1987, 801, 1041)

      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.]

      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 or dental hygiene, 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 or dental hygiene 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)

      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 ACTION

      NRS 631.350  Disciplinary powers of Board; 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.

      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;

      (c) Fine a person it has licensed;

      (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 to correct alcohol or drug abuse 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 upon submission of substantial evidence to the Board 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 or dental hygiene;

      (b) Engaging in unprofessional conduct; or

      (c) Violating any regulations adopted by the Board or the provisions of this chapter.

      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 or savings and loan associations 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)

      NRS 631.355  Action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel.

      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.

      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)

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

      1.  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 or dental hygiene 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)

      NRS 631.363  Appointment of member or agent to conduct investigation and hearing; notice of hearing; report; hearing 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 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)

      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;

      (c) The extent of the information requested in relation to the nature of the underlying charge; and

      (d) The extent of the statistical information necessary to investigate the charge adequately.

      (Added to NRS by 1983, 1109; A 2007, 508)

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

      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 and any record of the investigation 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)

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 for furnishing information to Board or otherwise assisting in investigation or prosecution; recovery of attorney’s fees and costs.

      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, any member, employee or committee of the Board, 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)

      NRS 631.380  Validity of license or renewal certificate issued on or before March 20, 1951.  All licenses and renewal certificates 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 631.385  Ownership or control of practice without license 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 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  Fees for covered service.

      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.

      (c) “Plan for dental care” has the meaning ascribed to it in NRS 695D.070.

      (d) “Policy” has the meaning ascribed to it in NRS 695D.080.

      (Added to NRS by 2013, 1240)

UNLAWFUL ACTS; PENALTIES; INJUNCTIVE RELIEF

      NRS 631.395  Acts constituting illegal practice of dentistry.  A person is guilty of the illegal practice of dentistry or dental hygiene 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 or dental hygienists;

      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 or a dental hygienist;

      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 or dental hygiene 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)

      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 or dental hygiene 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 or dental hygiene without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2219)

      NRS 631.397  Practicing or offering to practice dentistry or dental hygiene without appropriate license or certificate; reporting requirements.  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 or dental hygiene without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2219)

      NRS 631.400  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 in this State without a license, or who, having a license, practices dental hygiene 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.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (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)