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 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 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 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 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:

• Malpractice;
• 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;
• 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.

COMPLAINT. The first step is the filing of a Complaint. The Complaint can be filed by a patient or another interested or aggrieved person who files a complaint with the Board. The Board is required to investigate every complaint filed as long as the Board has jurisdiction over the subject matter. If the Board concludes that there is a factual basis to the Complaint they will file a Verified Complaint and provide the licensee notice of the verified complaint.

INVESTIGATION. The next step is that the Board or its agents conduct an investigation. The request for an authorized investigation is made without the identification of the licensee pursuant to NRS 631.368(1) and NAC 631.250(3).

RESPONSE. The dentist or hygienist is given the opportunity to file a written response to the allegations made by the Board within the verified Complaint. Generally, the response time is limited to 15 days. Licensees are entitled to be represented by counsel during every stage of this process and it is highly recommended that you invoke the assistance of qualified legal counsel even if you have not done anything wrong.

Remand. The DSO may remand the complaint without further action. If remanded the DSO will notify the licensee that the matter has been remanded but the complaint will remain in the licensee’s file if another complaint of a similar nature is filed in the future. NAC 631.250(1) and NAC 631.250(2).

Findings Of Violations And Recommendations For Corrective Action Or Discipline. If the DSO believes an actionable violation has occurred, the DSO will submit his or her preliminary findings to a Review Panel. If the DSO finds an actionable violation of NRS 631 or NAC 631, the DSO may recommend the following:

• Corrective Action/No-Discipline
• Disciplinary Action