Section 631.Sec. 4.1 - NEW1. The Board may retain a screening consultant to evaluate a complaint for which an investigator has been appointed pursuant to NAC 631.250. A screening consultant must: (a) If the person who is the subject of the complaint is:(1) A dentist, have been licensed as a dentist in this State and have actively practiced in this State in the same specialty as the person who is the subject of the complaint for at least 5 years;(2) A dental therapist, have been licensed as a dentist or dental therapist in this State and have actively practiced in this State for at least 5 years;(3) A dental hygienist, have been licensed as a dentist, dental therapist or dental hygienist in this State and have actively practiced in this State for at least 5 years; or(4) An expanded function dental assistant, have been licensed as a dentist, dental therapist or expanded function dental assistant in this State and have actively practiced in this State for at least 5 years;(b) Not have received any disciplinary action from the Board in the immediately preceding 10 years; and(c) Have expertise in the subject area of the complaint.2. In addition to the screening consultant retained pursuant to subsection 1, the Board may, upon the written request of the Executive Director, retain additional dental experts to evaluate a complaint. Each such dental expert must:(a) Have been licensed as a dentist, dental therapist, dental hygienist or expanded function dental assistant and:(1) Be actively practicing in this State; or(2) Have actively practiced in another jurisdiction of the United States for at least 5 years; and(b) Have not received any disciplinary action in the immediately preceding 10 years.3. If a request is made pursuant to subsection 2 to retain a dental expert who is not actively practicing in this State, the request must include, without limitation, the reasons for retaining an expert who is not actively practicing in this State.4. An investigator shall provide to each screening consultant retained pursuant to subsection 1 and each dental expert retained pursuant to subsection 2 copies of: (b) Any patient records, written responses to the complaint or other information relating to the complaint received pursuant to NAC 631.250.5. The investigator shall redact all personally identifiable information concerning the person who is the subject of the complaint from the documents described in subsection 4 before providing the documents to the screening consultant or dental expert, as applicable.6. Except as otherwise provided in subsection 7, not later than 45 days after receiving documentation pursuant to subsection 4, a screening consultant or dental expert shall provide to the investigator: (a) The written opinion of the screening consultant or dental expert, as applicable, concerning whether the person who is the subject of the complaint has engaged in conduct that constitutes grounds for disciplinary action pursuant to NRS 631.350. The opinion must set forth the evidence supporting each ground for such disciplinary action.(b) An attestation by the screening consultant or dental expert, as applicable, that the screening consultant or dental expert:(1) Has no knowledge of the identity of the person who is the subject of the complaint;(2) Has not communicated with any person concerning the allegations or relevant conduct in the complaint; and(3) Has not been unduly influenced in his or her decision concerning the complaint.7. The Executive Director or the attorney for the Board responsible for the investigation of a complaint may grant a reasonable extension to the time prescribed in subsection 6 for a screening consultant or dental expert to provide an opinion and attestation.8. Upon receiving an opinion provided pursuant to subsection 6, the investigator shall provide to the person who is the subject of the complaint a copy of the opinion. That person shall respond to the opinion not later than 30 days after receiving the copy of the opinion.Nev. Admin. Code § 631.Sec. 4.1
Added to NAC by Bd. of Dental Exam'rs by R073-22A, eff. 11/1/2024