Current through September 16, 2024
1. Not later than 30 days after a licensed
dentist becomes the owner of an office or facility in this State where dental
treatments are to be performed, other than a medical facility as defined in NRS
NRS
449.0151, the licensed dentist must request
in writing that the Board conduct an initial inspection of the office or
facility to ensure compliance with the guidelines adopted by reference in NAC
631.178.
2. Not later than 90 days
after receiving a written request pursuant to subsection 1:
(a) The Executive Director shall assign
agents of the Board to conduct the inspection; and
(b) The agents shall conduct the
inspection.
3. Not later
than 30 days after agents of the Board have completed the initial inspection of
an office or facility pursuant to subsection 2, the agents shall issue a report
to the Executive Director indicating whether the office or facility is equipped
in compliance with the guidelines adopted by reference in NAC 631.178. If the
report indicates that the office or facility:
(a) Is equipped in compliance with the
guidelines adopted by reference in NAC 631.178, the Executive Director shall,
without any further action by the Board, issue a written notice of the agents'
findings to the licensed dentist who owns the office or facility.
(b) Is not equipped in compliance with the
guidelines adopted by reference in NAC 631.178, the Executive Director shall,
without any further action by the Board, issue a written notice which
identifies critical deficiencies to the licensed dentist who owns the office or
facility.
4. Not later
than 72 hours after issuing a written notice of deficiencies pursuant to
paragraph (b) of subsection 3:
(a) The
Executive Director shall assign agents of the Board to conduct a reinspection
of the office or facility to determine if the licensed dentist and the
personnel supervised by the dentist have taken corrective measures;
and
(b) The agents assigned
pursuant to paragraph (a) shall conduct the reinspection and issue a report to
the Executive Director indicating whether the licensed dentist and the
personnel supervised by the dentist are in compliance with the guidelines
adopted by reference in NAC 631.178. If the report indicates that the licensed
dentist and the personnel supervised by the dentist:
(1) Are in compliance with the guidelines
adopted by reference in NAC 631.178, the Executive Director shall, without any
further action by the Board, issue a written notice of the agents' findings to
the licensed dentist who owns the office or facility.
(2) Are not in compliance with the guidelines
adopted by reference in NAC 631.178, the Executive Director may, without any
further action by the Board, issue an order to the licensed dentist who owns
the office or facility and all other licensees employed at the office or
facility that any or all of those licensees or personnel must immediately cease
and desist from performing dental treatments and that some or all dental
treatments must cease to be performed at the office or facility until a hearing
is held before the Board. The hearing before the Board must be convened not
later than 30 days after the Executive Director issues the order to cease and
desist.
5.
Not later than 72 hours after receiving material evidencing critical
deficiencies by a licensed dentist who owns an office or facility in this State
where dental treatments are to be performed, other than a medical facility as
defined in
NRS
449.0151, the Executive Director may assign
agents of the Board to conduct an inspection of an office or facility to ensure
that the licensed dentist and the personnel supervised by the dentist are in
compliance with the guidelines adopted by reference in NAC 631.178. An
inspection conducted pursuant to this subsection may be conducted during normal
business hours with notice to the licensed dentist who owns the office or
facility.
6. Not later than 3 days
after a dentist receives a written notice pursuant to subsection 5:
(a) The Executive Director shall assign
agents of the Board to conduct the inspection; and
(b) The agents shall conduct the
inspection.
7. Not later
than 72 hours after agents of the Board have completed the inspection of an
office or facility pursuant to subsection 6, the agents shall issue a report to
the Executive Director indicating whether the office or facility is equipped in
compliance with the guidelines adopted by reference in NAC 631.178. If the
report indicates that the office or facility:
(a) Is equipped in compliance with the
guidelines adopted by reference in NAC 631.178, the Executive Director shall,
without any further action by the Board, issue a written notice of the agents'
findings to the licensed dentist who owns the office or facility.
(b) Is not equipped in compliance with the
guidelines adopted by reference in NAC 631.178, the Executive Director shall,
without any further action by the Board, issue a written notice which
identifies all critical deficiencies to the licensed dentist who owns the
office or facility.
8.
Not later than 72 hours after issuing a written notice of deficiencies pursuant
to paragraph (b) of subsection 7:
(a) The
Executive Director shall assign agents of the Board to conduct a reinspection
of the office or facility to determine if the licensed dentist and the
personnel supervised by the dentist have taken corrective measures; and
(b) The agents assigned pursuant
to paragraph (a) shall conduct the reinspection and issue a report to the
Executive Director indicating whether the licensed dentist and the personnel
supervised by the dentist are in compliance with the guidelines adopted by
reference in NAC 631.178. If the report indicates that the licensed dentist and
the personnel supervised by the dentist:
(1)
Are in compliance with the guidelines adopted by reference in NAC 631.178, the
Executive Director shall, without any further action by the Board, issue a
written notice of the agents' findings to the licensed dentist who owns the
office or facility.
(2) Are not in
compliance with the guidelines adopted by reference in NAC 631.178, the
Executive Director may, without any further action by the Board, issue an order
to the licensed dentist who owns the office or facility and all other licensees
employed at the office or facility that any or all of those licensees or
personnel must immediately cease and desist from performing dental treatments
and that some or all dental treatments must cease to be performed at the office
or facility until a hearing is held before the Board. The hearing before the
Board must be convened not later than 30 days after the Executive Director
issues the order to cease and desist.
9. Pursuant to subsection 3 of NRS
NRS
233B.127, if an initial inspection of an
office or facility conducted pursuant to this section indicates that the public
health, safety or welfare imperatively requires emergency action, the President
of the Board may, without any further action by the Board, issue an order of
summary suspension of the license of the licensed dentist who owns the office
or facility and the licenses of any or all of the other licensees employed at
the office or facility pending proceedings for revocation or other action. An
order of summary suspension issued by the President of the Board must contain
findings of the exigent circumstances which warrant the issuance of the order
of summary suspension. The President of the Board shall not participate in any
further proceedings relating to the order.
Added to NAC
by Bd. of Dental Exam'rs by R201-09, eff. 8-13-2010; A by
R020-14, eff. 6/23/2014; A by
R119-15,
eff. 6/28/2016
NRS
631.190,
631.363