S.B. 44
- *SB44*
SENATE BILL NO. 44–COMMITTEE ON
HEALTH AND HUMAN SERVICES
(ON BEHALF OF THE DIVISION OF PUBLIC AND
BEHAVIORAL HEALTH OF THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES)
PREFILED NOVEMBER 16, 2022
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions related to dental and oral health
care. (BDR 38-221)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public health; transferring the State Dental
Health Officer from the Division of Health Care
Financing and Policy of the Department of Health and
Human Services to the Department; revising provisions
governing the qualifications for appointment as the State
Dental Health Officer or the State Public Health Dental
Hygienist; transferring the State Program for Oral Health,
the Advisory Committee on the State Program for Oral
Health and certain duties from the Division of Public and
Behavioral Health of the Department of Health and
Human Services to the Department; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Division of Health Care Financing and Policy of the 1
Department of Health and Human Services to appoint, with the consent of the 2
Director of the Department, a State Dental Health Officer and prescribes 3
the qualifications and duties of the State Dental Health Officer. Existing law also 4
requires the State Dental Health Officer to: (1) hold a current license to practice 5
dentistry issued pursuant to chapter 631 of NRS; and (2) be appointed on the basis 6
of his or her education, training and experience and his or her interest in public 7
dental health and related programs. Finally, existing law requires the State Dental 8
Health Officer to devote all of his or her time to the business of his or her office 9
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and prohibits him or her from pursuing any other business or vocation or holding 10
any other office of profit. (NRS 422.239) Section 1 of this bill transfers the duty to 11
appoint the State Dental Health Officer from the Division of Health Care Financing 12
and Policy to the Director of the Department. Section 1 also provides that the State 13
Dental Health Officer may, but is not required to, hold a current license to practice 14
dentistry issued pursuant to chapter 631 of NRS. Finally, section 1 eliminates the 15
requirement that the State Dental Health Officer devote all of his or her time to the 16
business of his or her office and the prohibition on the pursuit of any other business 17
or vocation or holding any other office of profit. 18
Existing law requires the Division of Public and Behavioral Health of the 19
Department of Health and Human Services to appoint, with the consent of the 20
Director of the Department, a State Public Health Dental Hygienist, who must: (1) 21
hold a current license to practice dental hygiene issued pursuant to chapter 631 of 22
NRS with a special endorsement to practice public health dental hygiene; and (2) be 23
appointed on the basis of his or her education, training and experience and his or 24
her interest in public health dental hygiene and related programs. Existing law also 25
requires the State Public Health Dental Hygienist to devote all of his or her time to 26
the business of his or her office and prohibits the State Public Health Dental 27
Hygienist from pursuing any other business or vocation or holding any other office 28
of profit. (NRS 439.279) Section 2 of this bill transfers the duty to appoint the State 29
Public Health Dental Hygienist to the Department and provides that the State 30
Public Health Dental Hygienist may, but is not required to, hold a current license to 31
practice dental hygiene issued pursuant to chapter 631 of NRS with a special 32
endorsement to practice public health dental hygiene. Section 2 also eliminates the 33
requirement that the State Public Health Dental Hygienist devote all of his or her 34
time to the business of his or her office and the prohibition on the pursuit of any 35
other business or vocation or holding any other office of profit. 36
Existing law establishes the State Program for Oral Health within the Division 37
of Public and Behavioral Health. (NRS 439.2791) Section 3 of this bill transfers 38
that Program to the Department. 39
Existing law: (1) creates the Advisory Committee on the State Program for Oral 40
Health within the Division of Public and Behavioral Health; and (2) requires the 41
Advisory Committee to annually submit a written report to the Administrator of the 42
Division summarizing the activities of the Advisory Committee and its 43
recommendations. (NRS 439.2792) Section 4 of this bill: (1) transfers the Advisory 44
Committee to the Department; and (2) requires the Advisory Committee to submit 45
its annual report to the Director of the Department. 46
Existing law prescribes certain duties for the Division of Public and Behavioral 47
Health to perform with the advice and recommendations of the Advisory 48
Committee. (NRS 439.2793) Section 5 of this bill transfers those duties to the 49
Department. 50
Existing law authorizes the Division of Public and Behavioral Health to take 51
certain actions and sets forth certain requirements and duties for the administration 52
of money accepted to carry out the State Program for Oral Health. (NRS 439.2794) 53
Section 6 of this bill transfers that authority and those requirements and duties to 54
the Department. 55
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.239 is hereby amended to read as follows: 1
422.239 1. The [Division of Health Care Financing and 2
Policy of the Department] Director shall appoint [, with the consent 3
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of the Director,] a State Dental Health Officer, who may serve in the 1
unclassified service of the State or as a contractor for the [Division.] 2
Department. The State Dental Health Officer : [must:] 3
(a) [Be] Must be a resident of this State; 4
(b) [Hold] May, but is not required to, hold a current license to 5
practice dentistry issued pursuant to chapter 631 of NRS; and 6
(c) [Be] Must be appointed on the basis of his or her education, 7
training and experience and his or her interest in public dental health 8
and related programs. 9
2. The State Dental Health Officer shall: 10
(a) Determine the needs of the residents of this State for public 11
dental health; 12
(b) Provide the Advisory Committee [, the Division of Health 13
Care Financing and Policy] and the [Division of Public and 14
Behavioral Health] Department with advice regarding public dental 15
health; 16
(c) Make recommendations to the Advisory Committee, the 17
[Division of Health Care Financing and Policy, the Division of 18
Public and Behavioral Health] Department and the Legislature 19
regarding programs in this State for public dental health; 20
(d) Work collaboratively with the State Public Health Dental 21
Hygienist; and 22
(e) Seek such information and advice from the Advisory 23
Committee or from any dental education program in this State, 24
including any such programs of the Nevada System of Higher 25
Education, as necessary to carry out his or her duties. 26
3. [The State Dental Health Officer shall devote all of his or 27
her time to the business of his or her office and shall not pursue any 28
other business or vocation or hold any other office of profit. 29
4.] As used in this section, “Advisory Committee” means the 30
Advisory Committee on the State Program for Oral Health created 31
by NRS 439.2792. 32
Sec. 2. NRS 439.279 is hereby amended to read as follows: 33
439.279 1. The [Division] Department shall appoint [, with 34
the consent of the Director,] a State Public Health Dental Hygienist, 35
who may serve in the unclassified service of the State or as a 36
contractor for the [Division.] Department. The State Public Health 37
Dental Hygienist : [must:] 38
(a) [Be] Must be a resident of this State; 39
(b) [Hold] May, but is not required to, hold a current license to 40
practice dental hygiene issued pursuant to chapter 631 of NRS with 41
a special endorsement issued pursuant to NRS 631.287; and 42
(c) [Be] Must be appointed on the basis of his or her education, 43
training and experience and his or her interest in public health dental 44
hygiene and related programs. 45
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2. The State Public Health Dental Hygienist: 1
(a) Shall work collaboratively with the State Dental Health 2
Officer in carrying out his or her duties; and 3
(b) May: 4
(1) Provide advice and make recommendations to the 5
Advisory Committee and the [Division] Department regarding 6
programs in this State for public health dental hygiene; and 7
(2) [Perform] If he or she holds a license to practice dental 8
hygiene issued pursuant to chapter 631 of NRS with a special 9
endorsement issued pursuant to NRS 631.287, perform any acts 10
authorized pursuant to NRS 631.287. 11
3. [The State Public Health Dental Hygienist shall devote all of 12
his or her time to the business of his or her office and shall not 13
pursue any other business or vocation or hold any other office of 14
profit. 15
4.] The [Division] Department may solicit and accept gifts and 16
grants to pay the costs associated with the position of State Public 17
Health Dental Hygienist. 18
Sec. 3. NRS 439.2791 is hereby amended to read as follows: 19
439.2791 There is hereby established within the [Division] 20
Department the State Program for Oral Health to increase public 21
knowledge and raise public awareness of the importance of oral 22
health and to educate the residents of this State on matters relating 23
to oral health, including, without limitation: 24
1. Proper oral hygiene; 25
2. The factors that increase the risk of a person developing oral 26
diseases; and 27
3. The prevention and treatment of oral diseases. 28
Sec. 4. NRS 439.2792 is hereby amended to read as follows: 29
439.2792 1. There is hereby created within the [Division of 30
Public and Behavioral Health] Department the Advisory Committee 31
on the State Program for Oral Health to advise and make 32
recommendations to the [Division] Department concerning the 33
Program. 34
2. The [Administrator] Director shall appoint to the Advisory 35
Committee 13 members, including, without limitation, one or more 36
persons who are representatives of: 37
(a) Public health care professionals and educators; 38
(b) Providers of oral health care; 39
(c) Persons knowledgeable in promoting and educating the 40
public on oral health issues; and 41
(d) National dental and other oral health organizations and their 42
local or state chapters. 43
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3. After the initial terms, the members of the Advisory 1
Committee serve terms of 2 years commencing on July 1. A 2
member may be reappointed. 3
4. Members of the Advisory Committee serve without 4
compensation, except that each member is entitled, while engaged in 5
the business of the Advisory Committee, to the per diem allowance 6
and travel expenses provided for state officers and employees 7
generally. 8
5. Any member of the Advisory Committee who is a public 9
employee must be granted administrative leave from his or her 10
duties to engage in the business of the Advisory Committee without 11
loss of his or her regular compensation. Such leave does not reduce 12
the amount of the member’s other accrued leave. 13
6. A majority of the members of the Advisory Committee 14
constitutes a quorum for the transaction of business, and a majority 15
of a quorum present at any meeting is sufficient for any official 16
action taken by the Advisory Committee. 17
7. The Advisory Committee shall: 18
(a) At its first meeting and annually thereafter, elect a Chair 19
from among its members; 20
(b) Meet at the call of the Director, the Chair or a majority of its 21
members as necessary and within the budget of the Advisory 22
Committee; and 23
(c) On or before July 1 of each year, submit a written report to 24
the [Administrator] Director summarizing the activities of the 25
Advisory Committee and any recommendations of the Advisory 26
Committee. 27
Sec. 5. NRS 439.2793 is hereby amended to read as follows: 28
439.2793 To carry out the provisions of NRS 439.271 to 29
439.2794, inclusive, the [Division] Department shall, with advice 30
and recommendations of the Advisory Committee: 31
1. Establish a solid scientific database of the most current 32
information on the importance of oral health, using information 33
obtained through surveillance, epidemiology and research related to 34
oral health; 35
2. Provide educational materials and information on research 36
concerning matters relating to oral health to health care 37
professionals, providers of oral health care and the public, including, 38
without limitation, materials and information concerning programs 39
and services available to the public and strategies for the prevention 40
of oral diseases; 41
3. Coordinate the establishment of regional coalitions to 42
support the efforts of the Program; 43
4. Increase public awareness about the prevention, detection 44
and treatment of oral diseases among state and local governmental 45
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officials who are responsible for matters relating to oral health, 1
health care professionals, providers of oral health care and 2
policymakers; 3
5. Coordinate state and local programs and services to ensure 4
that the public has adequate access to dental services; 5
6. Work with other governmental agencies, national health 6
organizations and their local and state chapters, community and 7
business leaders, community organizations and providers of oral 8
health care to: 9
(a) Coordinate the work of the Program with the work of those 10
agencies, organizations and persons; and 11
(b) Maximize the resources of state and local governments in the 12
efforts to educate the public about the importance of oral health, 13
including, without limitation, the prevention and detection of oral 14
diseases and proper oral hygiene; 15
7. Develop and carry out public awareness and media 16
campaigns in each county, targeting groups of persons who are 17
considered at risk for developing oral diseases; 18
8. Evaluate the need to improve the quality and accessibility of 19
dental services that exist in communities in this State; and 20
9. Develop and coordinate, in cooperation with the Department 21
of Education, recommendations for dental programs to encourage 22
proper oral hygiene by children. 23
Sec. 6. NRS 439.2794 is hereby amended to read as follows: 24
439.2794 1. The [Division] Department may: 25
(a) Enter into contracts for any services necessary to carry out or 26
assist the [Division] Department in carrying out the provisions of 27
NRS 439.271 to 439.2794, inclusive, with public or private entities 28
that have the appropriate expertise to provide such services; 29
(b) Apply for and accept any gift, donation, bequest, grant or 30
other source of money to carry out the provisions of NRS 439.271 31
to 439.2794, inclusive; 32
(c) Apply for any waiver from the Federal Government that may 33
be necessary to maximize the amount of money this State may 34
obtain from the Federal Government to carry out the provisions of 35
NRS 439.271 to 439.2794, inclusive; and 36
(d) Adopt regulations as necessary to carry out and administer 37
the Program. 38
2. Any money that is accepted by the [Division] Department 39
pursuant to subsection 1 must be deposited in the State Treasury and 40
accounted for separately in the State General Fund. 41
3. The [Administrator] Director shall administer the account 42
created pursuant to subsection 2. Money in the account does not 43
lapse to the State General Fund at the end of the fiscal year. The 44
interest and income earned on the money in the account must be 45
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credited to the account. Any claims against the account must be paid 1
as other claims against the State are paid. 2
Sec. 7. The Legislative Counsel shall: 3
1. In preparing the reprint and supplements to the Nevada 4
Revised Statutes, appropriately change any references to an officer, 5
agency or other entity whose name is changed or whose 6
responsibilities are transferred pursuant to the provisions of this act 7
to refer to the appropriate officer, agency or other entity. 8
2. In preparing supplements to the Nevada Administrative 9
Code, appropriately change any references to an officer, agency or 10
other entity whose name is changed or whose responsibilities are 11
transferred pursuant to the provisions of this act to refer to the 12
appropriate officer, agency or other entity. 13
Sec. 8. 1. Any administrative regulations adopted by an 14
officer or an agency whose name has been changed or whose 15
responsibilities have been transferred pursuant to the provisions of 16
this act to another officer or agency remain in force until amended 17
by the officer or agency to which the responsibility for the adoption 18
of the regulations has been transferred. 19
2. Any contracts or other agreements entered into by an officer 20
or agency whose name has been changed or whose responsibilities 21
have been transferred pursuant to the provisions of this act to 22
another officer or agency are binding upon the officer or agency to 23
which the responsibility for the administration of the provisions of 24
the contract or other agreement has been transferred. Such contracts 25
and other agreements may be enforced by the officer or agency to 26
which the responsibility for the enforcement of the provisions of the 27
contract or other agreement has been transferred. 28
3. Any action taken by an officer or agency whose name has 29
been changed or whose responsibilities have been transferred 30
pursuant to the provisions of this act to another officer or agency 31
remains in effect as if taken by the officer or agency to which the 32
responsibility for the enforcement of such actions has been 33
transferred. 34
Sec. 9. This act becomes effective on July 1, 2023. 35
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