Nevada § 631.215 - Persons deemed to be practicing dentistry; regulations regarding clinical practice of dentistry

§ 631.215. Persons deemed to be practicing dentistry; regulations regarding clinical practice of dentistry

1. Any person shall be deemed to be practicing dentistry who: (a) Uses words or any letters or title in connection with his or her name which in

any way represents the person as engaged in the practice of dentistry, or any branch

thereof; (b) Advertises or permits to be advertised by any medium that the person can or will

attempt to perform dental operations of any kind; (c) Evaluates or diagnoses, professes to evaluate or diagnose or treats or professes

to treat, surgically or nonsurgically, any of the diseases, disorders, conditions

or lesions of the oral cavity, maxillofacial area or the adjacent and associated structures

and their impact on the human body; (d) Extracts teeth; (e) Corrects malpositions of the teeth or jaws; (f) Takes impressions of the teeth, mouth or gums, unless the person is authorized

by the regulations of the Board to engage in such activities without being a licensed

dentist; (g) Examines a person for, or supplies artificial teeth as substitutes for natural

teeth; (h) Places in the mouth and adjusts or alters artificial teeth; (i) Does any practice included in the clinical dental curricula of accredited dental

colleges or a residency program for those colleges; (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed

in the treatment of dental or oral diseases; (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic

purposes, unless the person is authorized by the regulations of the Board to engage

in such activities without being a licensed dentist; (l) Determines: (1) Whether a particular treatment is necessary or advisable; or (2) Which particular treatment is necessary or advisable; or (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any

means or method, unless the person is: (1) Dispensing or using a product that may be purchased over the counter for a person's

own use; or (2) Authorized by the regulations of the Board to engage in such activities without

being a licensed dentist. 2. Nothing in this section: (a) Prevents a dental assistant, dental hygienist, dental therapist, expanded function

dental assistant or qualified technician from making radiograms or X-ray exposures

for dental treatment or dental diagnostic purposes upon the direction of a licensed

dentist. (b) Prevents a dental hygienist or dental therapist from administering local anesthesia

for pain management during treatment or using X-ray radiation or laser radiation for

dental treatment or dental diagnostic purposes, upon authorization of a licensed dentist. (c) Prohibits the performance of mechanical work, on inanimate objects only, by any

person employed in or operating a dental laboratory upon the written work authorization

of a licensed dentist. (d) Prevents students from performing dental procedures that are part of the curricula

of an accredited dental school or college or an accredited school of dental hygiene

or an accredited school of dental therapy or an accredited school of dental assisting. (e) Prevents a licensed dentist, dental hygienist or expanded function dental assistant

from another state or country from appearing as a clinician for demonstrating certain

methods of technical procedures before a dental society or organization, convention

or dental college or an accredited school of dental hygiene or an accredited school

of dental assisting. (f) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization

from a licensed dentist if the manufacturing does not require direct contact with

the patient. (g) Prohibits the following entities from owning or operating a dental office or clinic

if the entity complies with the provisions of NRS 631.3452 : (1) A nonprofit corporation organized pursuant to the provisions of chapter 82 of

NRS to provide dental services to rural areas and medically underserved populations

of migrant or homeless persons or persons in rural communities pursuant to the provisions

of 42 U.S.C. § 254b or 254c . (2) A federally-qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) operating in compliance with other applicable state and federal law. (3) A nonprofit charitable corporation as described in section 501(c)(3) of the Internal Revenue Code and determined by the Board to be providing dental services by volunteer licensed

dentists at no charge or at a substantially reduced charge to populations with limited

access to dental care. (h) Prevents a person who is actively licensed as a dentist in another jurisdiction

from treating a patient if: (1) The patient has previously been treated by the dentist in the jurisdiction in

which the dentist is licensed; (2) The dentist treats the patient only during a course of continuing education involving

live patients which: (I) Is conducted at an institute or organization with a permanent facility registered

with the Board for the sole purpose of providing postgraduate continuing education

in dentistry; and (II) Meets all applicable requirements for approval as a course of continuing education;

and (3) The dentist treats the patient only under the supervision of a person licensed

pursuant to NRS 631.2715 . (i) Prohibits a person from providing goods or services for the support of the business

of a dental practice, office or clinic owned or operated by a licensed dentist or

any entity not prohibited from owning or operating a dental practice, office or clinic

if the person does not: (1) Provide such goods or services in exchange for payments based on a percentage

or share of revenues or profits of the dental practice, office or clinic; or (2) Exercise any authority or control over the clinical practice of dentistry. (j) Prohibits a dental hygienist, dental therapist or expanded function dental assistant

from engaging in any activity authorized by this chapter or the regulations adopted

pursuant thereto. 3. The Board shall adopt regulations identifying activities that constitute the exercise

of authority or control over the clinical practice of dentistry, including, without

limitation, activities which: (a) Exert authority or control over the clinical judgment of a licensed dentist;

or (b) Relieve a licensed dentist of responsibility for the clinical aspects of the dental

practice. Such regulations must not prohibit or regulate aspects of the business relationship,

other than the clinical practice of dentistry, between a licensed dentist or professional

entity organized pursuant to the provisions of chapter 89 of NRS and the person or

entity providing goods or services for the support of the business of a dental practice,

office or clinic owned or operated by the licensed dentist or professional entity.