Nev. Rev. Stat. § 631.3475

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 631.3475 - Malpractice; professional incompetence; disciplinary action in another state; substandard care; procurement or administration of controlled substance or dangerous drug; alcohol or other substance use disorder; gross immorality; conviction of certain crimes; failure to comply with certain provisions relating to controlled substances; inappropriate administration of botulinum toxin or dermal or soft tissue fillers; failure to obtain certain training; violations related to pelvic examinations; certain operation of medical facility

The following acts, among others, constitute unprofessional conduct:

1. Malpractice;

2. Professional incompetence;

3. 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;

4. More than one act by the dentist, dental hygienist, dental therapist or expanded function dental assistant constituting substandard care in the practice of dentistry, dental hygiene, dental therapy or expanded function dental assistance, as applicable;

5. 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;

6. 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:

(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

(b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

(c) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;

7. 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;

8. 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;

9. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

10. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto;

11. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;

12. Failure to comply with the provisions of NRS 454.217 or 629.086;

13. Failure to obtain any training required by the Board pursuant to NRS 631.344;

14. Failure to actively involve a patient in decisions concerning his or her treatment;

15. Requiring a patient to enter into an agreement that restricts the ability of the patient to submit a complaint to the Board;

16. The performance or supervision of the performance of a pelvic examination in violation of NRS 629.085;

17. Administering an immunization if the dentist, dental hygienist or dental therapist does not hold a special endorsement issued pursuant to NRS 631.285;

18. Failure to comply with:

(a) The requirements of NRS 439.265; or

(b) Any requirement of NRS 631.2851, 631.2852 or 631.2853;

19. Failure to review diagnostic digital or conventional radiographs for orthodontia before:

(a) Making an initial diagnosis of or taking any action to correct malpositions of teeth; or

(b) The initial use of an orthodontic appliance;

20. Failure to comply with the requirements of subsection 3 of NRS 631.34583; or

21. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

(a) The license of the facility is suspended or revoked; or

(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This subsection applies to an owner or other principal responsible for the operation of the facility.

NRS 631.3475

Added to NRS by 1983, 1107; A 1987, 1556; 1993, 784; 2009, 882; 2011, 258, 849; 2015, 117, 1171; 2017, 1256, 4414; 2019, 2202, 3218, 3886; 2021, 1573; 2023, 3331, 3422

Amended by 2023, Ch. 523,§31, eff. 1/1/2024.

Amended by 2023, Ch. 513,§25, eff. 1/1/2024.

Amended by 2021, Ch. 287,§4, eff. 7/1/2021.

Amended by 2019, Ch. 595,§232, eff. 7/1/2020.

Amended by 2019, Ch. 532,§91, eff. 1/1/2020.

Amended by 2019, Ch. 355,§2, eff. 1/1/2021.

Amended by 2017, Ch. 605,§25, eff. 1/1/2018.

Amended by 2017, Ch. 238,§6, eff. 7/1/2017.

Amended by 2015, Ch. 247,§7.2, eff. 1/1/2016.

Amended by 2015, Ch. 26,§15.4, eff. 10/1/2015.

Added to NRS by 1983, 1107; A 1987, 1556; 1993, 784; 2009, 882; 2011, 258, 849