Nevada Administrative Code › Chapter 631 - Dentistry and Dental Hygiene › DISCIPLINARY ACTION › Section 631.230 - Unprofessional conduct

Current through June 11,
			 2024
1. In addition to
			 those specified by statute and subsection 3 of NAC
			 631.177, the following acts
			 constitute unprofessional conduct:
(a) The
			 falsification of records of health care or medical records.
(b) Writing prescriptions for controlled
			 substances in such excessive amounts as to constitute a departure from
			 prevailing standards of acceptable dental practice.
(c) The consistent use of dental procedures,
			 services or treatments which constitute a departure from prevailing standards
			 of acceptable dental practice even though the use does not constitute
			 malpractice or gross malpractice.
(d) The acquisition of any controlled
			 substances from any pharmacy or other source by misrepresentation, fraud,
			 deception or subterfuge.
(e) Making
			 an unreasonable additional charge for laboratory tests, radiology services or
			 other testing services which are ordered by the dentist and performed outside
			 his or her own office.
(f) The
			 failure to report to the Board as required in NAC
			 631.155 or to sign any affidavit
			 required by the Board.
(g)
			 Employing any person in violation of NAC
			 631.260 or failing to report to
			 the Board as required by that section.
(h) The failure of a dentist who is
			 administering or directly supervising the administration of general anesthesia,
			 deep sedation or moderate sedation to be physically present while a patient is
			 under general anesthesia, deep sedation or moderate sedation.
(i) Administering moderate sedation to more
			 than one patient at a time, unless each patient is directly supervised by a
			 person authorized by the Board to administer moderate sedation.
(j) Administering general anesthesia or deep
			 sedation to more than one patient at a time.
(k) The failure to have any patient who is
			 undergoing general anesthesia, deep sedation or moderate sedation monitored
			 with a pulse oximeter or similar equipment required by the Board.
(l) Allowing a person who is not certified in
			 basic cardiopulmonary resuscitation to care for any patient who is undergoing
			 general anesthesia, deep sedation or moderate sedation.
(m) The failure to obtain a patient's
			 written, informed consent before administering general anesthesia, deep
			 sedation or moderate sedation to the patient or, if the patient is a minor, the
			 failure to obtain his or her parent's or guardian's consent unless the dentist
			 determines that an emergency situation exists in which delaying the procedure
			 to obtain the consent would likely cause permanent injury to the
			 patient.
(n) The failure to
			 maintain a record of all written, informed consents given for the
			 administration of general anesthesia, deep sedation or moderate
			 sedation.
(o) The failure to report
			 to the Board, in writing, the death or emergency hospitalization of any patient
			 to whom general anesthesia, deep sedation or moderate sedation was
			 administered. The report must be made within 30 days after the event.
(p) Allowing a person to administer general
			 anesthesia, deep sedation or moderate sedation to a patient if the person does
			 not hold a permit to administer such anesthesia or sedation unless the
			 anesthesia or sedation is administered in a facility for which a permit is held
			 as required by NRS
			 449.442.
(q) The failure of a dentist who owns a
			 dental practice to provide copies of the records of a patient to a dentist or
			 dental hygienist who provided the services as an employee or independent
			 contractor of the dentist when the records are the basis of a complaint before
			 the Board. Nothing in this paragraph relieves the treating dentist or dental
			 hygienist from the obligation to provide records of the patient to the
			 Board.
(r) The failure of a dentist
			 who owns a dental practice to verify the license of a dentist or dental
			 hygienist before offering employment or contracting for services with the
			 dentist or dental hygienist as an independent contractor.
(s) The failure of a dentist who owns a
			 dental practice and participates in the diagnosis and treatment of any patient
			 to ensure that the services rendered by a dentist or dental hygienist who is an
			 employee or independent contractor of that dentist meet the prevailing
			 standards of acceptable dental practice. If a dentist or dental hygienist who
			 is an employee or independent contractor of the dentist is found by substantial
			 evidence to have provided services below the prevailing standards of acceptable
			 dental practice, the dentist who owns the dental practice may be required to
			 reimburse the patient to whom the services were provided pursuant to paragraph
			 (l) of subsection 1 of
			 NRS
			 631.350.
(t) The failure of a dentist who owns a
			 dental practice to record the name of the dentist or dental hygienist who
			 provided the services in the records of a patient each time the services are
			 rendered.
(u) The failure of a
			 dentist who is registered to dispense controlled substances with the State
			 Board of Pharmacy pursuant to chapter 453 of NRS to conduct annually a minimum
			 of one self-query regarding the issuance of controlled substances through the
			 Prescription Monitoring Program of the State Board of Pharmacy.