Nevada Board of Dental Examiners

Nevada State Board Of Dental Examiners

The Nevada Board of Dental Examiners issues licenses to dentists and dental hygienists in and for the State of Nevada. The Board also investigates and sanctions the misconduct of licensed dental professionals. One of the mission statements of the Nevada Board of Dental Examiners is to appropriately sanction violators of the laws in regards to the practice of dentistry and dental hygiene professionals. Hence, the Nevada Board of Dental Examiners places a special emphasis on the professional discipline of licensed professionals.

What Is The Nevada Board Of Dental Examiners?

The Nevada Board of Dental Examiners is comprised of eleven members, six are dentists, three are dental hygienists, one is a dental care provider for the economically challenged, and one individual is a member of the public; the current public member is an attorney whose term expires is 2024. The Board meets at least once a month and the contents of the meetings are available to the public and posted here Meetings (nv.gov).

Where Are The Regulations For Dentists And Dental Hygiene Professionals?

The regulations for dental and hygiene professionals are codified within NRS Chapter 631.

What Triggers Disciplinary Action Or An Investigation By 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 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.

How Does The Complaint, Investigatory Process And Disciplinary Process Work Before The Nevada State Board Of Dental Examiners?

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.

Who Investigates The Allegations Of A Verified Complaint?

The Nevada State Board of Dental Examiners appoints Disciplinary Screening officers (DSOs) to conduct the investigation of a verified complaint. NRS 631.363.

What Does The DSO Do?

The DSO reviews the verified complaint, the licensee's response, applicable medical records, prior investigations, and/or disciplinary actions against the licensee. The DSO may gather additional records, and have additional discussions with the licensee or complainant. The DSO’s jurisdiction may be extended to any violation within NRS chapter 631 or NAC chapter 631.

What Happens After The Dso Conducts Its Investigation?

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

For a FREE initial consultation, call (702) 660-1234.

Home, virtual, and jail visits are available.

What Does The Review Panel Do?

The Review Panel will examine the complaint, the licensee’s response, review pertinent medical or dental records, review the DSO’s preliminary findings and recommendations.

The Review Panel can find that by a preponderance of the evidence does not support the findings of the DSO, the matter will be remanded without action.

The Review Panel can find that by a preponderance of the evidence, the evidence does support the DSO’s preliminary findings, the matter will be returned to the DSO for further proceedings, which may include an informal hearing pursuant to NRS 631.363 or negotiation of a consent or settlement agreement governed by the provisions of NRS chapter 622.

The Review Panel can find that by a preponderance of the evidence, the does support the DSOs preliminary findings, but the Review Panel does not find that the DSOs recommendation is appropriate then the Review Panel will submit its recommendations to the DSO for review and consideration prior to further proceedings being initiated, including an informal hearing.

What Happens If A Verified Complaint Is Filed But The Matter Is Not Resolved?

If the licensee does not accept a stipulated resolution, or if the Board rejects the findings of a stipulated resolution proposed by the DSO and licensee, or if the Board refuses to adopt the Findings and Recommendations to which the licensee has consented, a formal complaint may be filed by Board counsel. An answer to the Formal Complaint is required within 20 days of its filing, failing to answer the Formal Complaint can be deemed an admission of the allegations.

What Are The Disciplinary Options Available To The Board?

The Board may impose discipline pursuant to NRS 631.350. Disciplinary options include but are not limited to revocation, suspension, probation, restriction of practice, community service, examination, participation in a drug/alcohol program, fines, reimbursement to a patient, public reprimand, or any combination of these actions.

What Are My Appeal Options If I Do Not Agree With The Boards Final Orders?

A licensee can petition for reconsideration or rehearing within 15 days of the Board’s final decision. A licensee can petition the District Court for judicial review. The petition for judicial review must be filed within 30 days after the service of the Board’s final decision. A licensee can appeal an Order from the District Court to an Appellate Court of competent jurisdiction.

Contact Our Las Vegas Dentist License Defense Attorney Today

If you are at risk of disciplinary action before the Nevada Board of Dental Examiners you are at risk of losing your livelihood. Contact the Spartacus Law Firm today for a free consultation at 702-660-1234. At the Spartacus Law Firm, we represent dentists at every stage of a disciplinary proceeding throughout Nevada. We aggressively defend the rights of medical professionals to attain favorable outcomes that allow dentists to keep their licenses intact. Get a knowledgeable and aggressive professional license defense attorney on your side immediately.


For a FREE initial consultation, call (702) 660-1234.

Home, virtual, and jail visits are available.
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