You could come under review if anyone has filed a report against you with the Nevada Board of Dental Examiners. NRS 631.346-NRS 631.349 codifies actions that can trigger a disciplinary action or investigation. Examples of actions that can trigger discipline include unprofessional conduct or crimes of moral turpitude committed by a dental professional. Some examples include:
- Employment of an unlicensed person;
- Aiding in unlicensed practice;
- Association with a person engaged in an illegal practice or unlicensed person;
- Practicing while a license is suspended or without a renewal certificate;
- 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;
- Associating with or lending their 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 applicable provisions of the Nevada Revised Statutes;
- Using the name “clinic,” “institute,” “referral services” or other title or designation that may suggest a public or semipublic activity;
- Participating in any plan or practice in which patients are required to select a dentist from a preselected group constitutes unprofessional conduct unless they are offered a plan that provides them with a reasonable opportunity to choose 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 within the Nevada Revised Statutes regarding unprofessional conduct.
The following acts constitute unprofessional conduct and may subject a dentist or hygienist to discipline pursuant to NRS 631.3475:
- Professional Incompetence;
- 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;
- More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;
- 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;
- 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;
- Having an alcohol or other substance use disorder to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;
- 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 (driving under the influence, domestic violence, drug charges, etc.)
- Fraudulent, illegal, unauthorized, or otherwise inappropriate prescribing, administering, or dispensing of a controlled substance listed in schedule II, III, or IV;
- Failure to obtain any training required by the Board pursuant to NRS 631.344.
A variety of people can have issues with dentists and other dental specialists. Former patients, family members of patients, insurance companies, previous and present employees, subsequent treating providers, and law enforcement authorities are all common sources of grievances.
When a complaint is received, it is generally given a priority ranking based on the nature and severity of the problem. The procedure may move swiftly, and in rare circumstances, action can be taken in as little as a few days when the licensee appears to represent an immediate risk to patients’ health and safety.
If the problem is related to a person’s abilities, licensees should be aware of and consider peer assistance programs. These are available in Nevada and assist doctors who are struggling with chemical dependency or other health issues, resulting in their inability to practice safely.
Dental malpractice claims can be based on a variety of reasons and in a variety of combinations. Among them are criminal convictions, boundary breaches with patients, billing fraud, confidentiality breaches, subpar care, rule violations, unlawful advertising, and various forms of unprofessional conduct. Complaints are generally divided into six categories:
Failure to treat a patient according to the standard of care in the practice of dentistry or dental hygiene.
Failure to maintain the dental office or dental laboratory in a sanitary condition.
Violations arising out of the day-to-day practice of dentistry, not including purely administrative requirements.
Failure to follow the administrative requirements of the Dental Practice Act and the Board’s Rules.
Violations of the Dental Practice Act and/or the Board’s Rules pertaining to the operations of dental laboratories.
Violations arise out of efforts to obtain business, such as advertising and referral schemes.
Each complaint is reviewed to determine whether the Nevada Board of Dental Examiners has jurisdiction, or the authority to act. If the allegations raise an issue, then the Board has jurisdiction and an investigation must be initiated.
The Nevada Board Of Dental Examiners reviews cases in which a dental licensee has been accused of violating dental rules and the violation meets the threshold for discipline. A formal accusation will be filed if enough evidence of a breach is discovered. Formal accusations are formal accusations filed against a license. Once submitted, they usually become public knowledge. The process and language used varies by state. In a disciplinary action, the Nevada Board Of Dental Board generally requests one of the following types of penalties:
- Public reprimand
- Citation with fine
- License probation
- License suspension, stayed with probation conditions
- License revocation, stayed with probation conditions
- License revocation