Nevada Administrative Code › Chapter 631 - Dentistry and Dental Hygiene › MISCELLANEOUS PROVISIONS › Section 631.275 - Activities which constitute exercise of authority or control over clinical practice

Current through June 11,
			 2024
1. For the purposes
			 of paragraph (h) of subsection 2 of
			 NRS
			 631.215, the Board will deem a person to
			 exercise authority or control over the clinical practice of dentistry if the
			 person, by agreement, lease, policy, understanding or other arrangement,
			 exercises authority or control over:
(a) The
			 manner in which a licensed dentist, a dental hygienist or a dental assistant
			 uses dental equipment or materials for the provision of dental
			 treatment;
(b) The use of a
			 laboratory or the decision to purchase or not to purchase dental equipment or
			 materials against the advice of a licensed dentist if the dentist reasonably
			 concludes that such use, purchase or failure to purchase would impair the
			 ability of the dentist or a dental hygienist to provide dental care to a
			 patient consistent with the standard of care in the community;
(c) A decision of a licensed dentist
			 regarding a course or alternative course of treatment for a patient, the
			 procedures or materials to be used as part of a course of treatment or the
			 manner in which a course of treatment is carried out by the dentist, a dental
			 hygienist or a dental assistant;
(d) The length of time a licensed dentist or
			 a dental hygienist spends with a patient or if the person otherwise places
			 conditions on the number of patients a licensed dentist or a dental hygienist
			 may treat in a certain period of time;
(e) The length of time a licensed dentist, a
			 dental hygienist or a dental assistant spends performing dental services,
			 against the advice of the dentist, if the dentist reasonably believes that the
			 ability of the dentist, dental hygienist or dental assistant to provide dental
			 care to a patient consistent with the standard of care in the community would
			 be impaired;
(f) The referrals by a
			 licensed dentist to another licensed dentist or otherwise places any
			 restriction or limitation on the referral of patients to a specialist or any
			 other practitioner the licensed dentist determines is necessary;
(g) The clinical practices of a dental
			 hygienist regarding appropriate dental hygiene care or the duties that a
			 licensed dentist may delegate to a dental hygienist;
(h) Patient records at any time to the
			 exclusion of the applicable licensed dentist or the applicable
			 patient;
(i) A decision of a
			 licensed dentist to refund payments made by a patient for clinical work that is
			 not performed or is performed incorrectly by:
(1) The dentist; or
(2) A dental hygienist employed by the
			 licensed dentist or a professional entity of the licensed dentist;
(j) A decision regarding the
			 advertising of the practice of a licensed dentist if the decision would result
			 in a violation of the provisions of
			 NRS
			 631.348 by the dentist;
(k) A decision to establish fees for dental
			 services against the advice of a licensed dentist if the dentist reasonably
			 concludes that those fees would impair the ability of the dentist or a dental
			 hygienist to provide dental care to patients consistent with the standard of
			 care in the community;
(l) A
			 decision relating to the clinical supervision of dental hygienists and
			 ancillary personnel regarding the delivery of dental care to patients of a
			 licensed dentist;
(m) The hiring or
			 firing of licensed dentists or dental hygienists or the material clinical terms
			 of their employment relationship with a licensed dentist or a professional
			 entity of a licensed dentist;
(n) A
			 decision regarding the hiring of ancillary personnel against the advice of a
			 licensed dentist or a decision by a licensed dentist to fire or refuse to work
			 with ancillary personnel if that advice, firing or refusal is related to the
			 clinical competence of that ancillary personnel to render dental care to
			 patients, regardless of who employs such ancillary personnel; and
(o) The material terms of any provider
			 contracts or arrangements between a licensed dentist or a professional entity
			 of a licensed dentist and third-party payors against the advice of the dentist,
			 if the dentist reasonably concludes that the contract or arrangement would
			 impair the ability of the dentist to provide dental care to patients consistent
			 with the standard of care in the community.