(Reprinted with amendments adopted on April 13, 2023)
FIRST REPRINT S.B. 44
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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 must have satisfied the educational requirements for and 14
may, but is not required to, satisfy any other requirements for the issuance of an 15
unrestricted license to practice dentistry pursuant to chapter 631 of NRS. Finally, 16
section 1 eliminates the requirement that the State Dental Health Officer devote all 17
of his or her time to the business of his or her office and the prohibition on the 18
pursuit of any other business or vocation or holding any other office of profit. 19
Existing law requires the Division of Public and Behavioral Health of the 20
Department of Health and Human Services to appoint, with the consent of the 21
Director of the Department, a State Public Health Dental Hygienist, who must: (1) 22
hold a current license to practice dental hygiene issued pursuant to chapter 631 of 23
NRS with a special endorsement to practice public health dental hygiene; and (2) be 24
appointed on the basis of his or her education, training and experience and his or 25
her interest in public health dental hygiene and related programs. Existing law also 26
requires the State Public Health Dental Hygienist to devote all of his or her time to 27
the business of his or her office and prohibits the State Public Health Dental 28
Hygienist from pursuing any other business or vocation or holding any other office 29
of profit. (NRS 439.279) Section 2 of this bill transfers the duty to appoint the State 30
Public Health Dental Hygienist to the Department and provides that the State 31
Public Health Dental Hygienist may, but is not required to, hold a current license to 32
practice dental hygiene issued pursuant to chapter 631 of NRS with a special 33
endorsement to practice public health dental hygiene. Section 2 also eliminates the 34
requirement that the State Public Health Dental Hygienist devote all of his or her 35
time to the business of his or her office and the prohibition on the pursuit of any 36
other business or vocation or holding any other office of profit. 37
Existing law establishes the State Program for Oral Health within the Division 38
of Public and Behavioral Health. (NRS 439.2791) Section 3 of this bill transfers 39
that Program to the Department. 40
Existing law: (1) creates the Advisory Committee on the State Program for Oral 41
Health within the Division of Public and Behavioral Health; and (2) requires the 42
Advisory Committee to annually submit a written report to the Administrator of the 43
Division summarizing the activities of the Advisory Committee and its 44
recommendations. (NRS 439.2792) Section 4 of this bill: (1) transfers the Advisory 45
Committee to the Department; and (2) requires the Advisory Committee to submit 46
its annual report to the Director of the Department. 47
Existing law prescribes certain duties for the Division of Public and Behavioral 48
Health to perform with the advice and recommendations of the Advisory 49
Committee. (NRS 439.2793) Section 5 of this bill transfers those duties to the 50
Department. 51
Existing law authorizes the Division of Public and Behavioral Health to take 52
certain actions and sets forth certain requirements and duties for the administration 53
of money accepted to carry out the State Program for Oral Health. (NRS 439.2794) 54
Section 6 of this bill transfers that authority and those requirements and duties to 55
the Department. 56
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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
of the Director,] a State Dental Health Officer, who may serve in the 4
unclassified service of the State or as a contractor for the [Division.] 5
Department. The State Dental Health Officer must: 6
(a) Be a resident of this State; 7
(b) [Hold a current] Have satisfied the educational 8
requirements for and may, but is not required to, satisfy any other 9
requirements for the issuance of an unrestricted license to practice 10
dentistry [issued] pursuant to chapter 631 of NRS; and 11
(c) Be appointed on the basis of his or her education, training 12
and experience and his or her interest in public dental health and 13
related programs. 14
2. The State Dental Health Officer shall: 15
(a) Determine the needs of the residents of this State for public 16
dental health; 17
(b) Provide the Advisory Committee [, the Division of Health 18
Care Financing and Policy] and the [Division of Public and 19
Behavioral Health] Department with advice regarding public dental 20
health; 21
(c) Make recommendations to the Advisory Committee, the 22
[Division of Health Care Financing and Policy, the Division of 23
Public and Behavioral Health] Department and the Legislature 24
regarding programs in this State for public dental health; 25
(d) Work collaboratively with the State Public Health Dental 26
Hygienist; and 27
(e) Seek such information and advice from the Advisory 28
Committee or from any dental education program in this State, 29
including any such programs of the Nevada System of Higher 30
Education, as necessary to carry out his or her duties. 31
3. [The State Dental Health Officer shall devote all of his or 32
her time to the business of his or her office and shall not pursue any 33
other business or vocation or hold any other office of profit. 34
4.] As used in this section, “Advisory Committee” means the 35
Advisory Committee on the State Program for Oral Health created 36
by NRS 439.2792. 37
Sec. 2. NRS 439.279 is hereby amended to read as follows: 38
439.279 1. The [Division] Department shall appoint [, with 39
the consent of the Director,] a State Public Health Dental Hygienist, 40
who may serve in the unclassified service of the State or as a 41
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contractor for the [Division.] Department. The State Public Health 1
Dental Hygienist : [must:] 2
(a) [Be] Must be a resident of this State; 3
(b) [Hold] May, but is not required to, hold a current license to 4
practice dental hygiene issued pursuant to chapter 631 of NRS with 5
a special endorsement issued pursuant to NRS 631.287; 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 health dental 8
hygiene and related programs. 9
2. The State Public Health Dental Hygienist: 10
(a) Shall work collaboratively with the State Dental Health 11
Officer in carrying out his or her duties; and 12
(b) May: 13
(1) Provide advice and make recommendations to the 14
Advisory Committee and the [Division] Department regarding 15
programs in this State for public health dental hygiene; and 16
(2) [Perform] If he or she holds a license to practice dental 17
hygiene issued pursuant to chapter 631 of NRS with a special 18
endorsement issued pursuant to NRS 631.287, perform any acts 19
authorized pursuant to NRS 631.287. 20
3. [The State Public Health Dental Hygienist shall devote all of 21
his or her time to the business of his or her office and shall not 22
pursue any other business or vocation or hold any other office of 23
profit. 24
4.] The [Division] Department may solicit and accept gifts and 25
grants to pay the costs associated with the position of State Public 26
Health Dental Hygienist. 27
Sec. 3. NRS 439.2791 is hereby amended to read as follows: 28
439.2791 There is hereby established within the [Division] 29
Department the State Program for Oral Health to increase public 30
knowledge and raise public awareness of the importance of oral 31
health and to educate the residents of this State on matters relating 32
to oral health, including, without limitation: 33
1. Proper oral hygiene; 34
2. The factors that increase the risk of a person developing oral 35
diseases; and 36
3. The prevention and treatment of oral diseases. 37
Sec. 4. NRS 439.2792 is hereby amended to read as follows: 38
439.2792 1. There is hereby created within the [Division of 39
Public and Behavioral Health] Department the Advisory Committee 40
on the State Program for Oral Health to advise and make 41
recommendations to the [Division] Department concerning the 42
Program. 43
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2. The [Administrator] Director shall appoint to the Advisory 1
Committee 13 members, including, without limitation, one or more 2
persons who are representatives of: 3
(a) Public health care professionals and educators; 4
(b) Providers of oral health care; 5
(c) Persons knowledgeable in promoting and educating the 6
public on oral health issues; and 7
(d) National dental and other oral health organizations and their 8
local or state chapters. 9
3. After the initial terms, the members of the Advisory 10
Committee serve terms of 2 years commencing on July 1. A 11
member may be reappointed. 12
4. Members of the Advisory Committee serve without 13
compensation, except that each member is entitled, while engaged in 14
the business of the Advisory Committee, to the per diem allowance 15
and travel expenses provided for state officers and employees 16
generally. 17
5. Any member of the Advisory Committee who is a public 18
employee must be granted administrative leave from his or her 19
duties to engage in the business of the Advisory Committee without 20
loss of his or her regular compensation. Such leave does not reduce 21
the amount of the member’s other accrued leave. 22
6. A majority of the members of the Advisory Committee 23
constitutes a quorum for the transaction of business, and a majority 24
of a quorum present at any meeting is sufficient for any official 25
action taken by the Advisory Committee. 26
7. The Advisory Committee shall: 27
(a) At its first meeting and annually thereafter, elect a Chair 28
from among its members; 29
(b) Meet at the call of the Director, the Chair or a majority of its 30
members as necessary and within the budget of the Advisory 31
Committee; and 32
(c) On or before July 1 of each year, submit a written report to 33
the [Administrator] Director summarizing the activities of the 34
Advisory Committee and any recommendations of the Advisory 35
Committee. 36
Sec. 5. NRS 439.2793 is hereby amended to read as follows: 37
439.2793 To carry out the provisions of NRS 439.271 to 38
439.2794, inclusive, the [Division] Department shall, with advice 39
and recommendations of the Advisory Committee: 40
1. Establish a solid scientific database of the most current 41
information on the importance of oral health, using information 42
obtained through surveillance, epidemiology and research related to 43
oral health; 44
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2. Provide educational materials and information on research 1
concerning matters relating to oral health to health care 2
professionals, providers of oral health care and the public, including, 3
without limitation, materials and information concerning programs 4
and services available to the public and strategies for the prevention 5
of oral diseases; 6
3. Coordinate the establishment of regional coalitions to 7
support the efforts of the Program; 8
4. Increase public awareness about the prevention, detection 9
and treatment of oral diseases among state and local governmental 10
officials who are responsible for matters relating to oral health, 11
health care professionals, providers of oral health care and 12
policymakers; 13
5. Coordinate state and local programs and services to ensure 14
that the public has adequate access to dental services; 15
6. Work with other governmental agencies, national health 16
organizations and their local and state chapters, community and 17
business leaders, community organizations and providers of oral 18
health care to: 19
(a) Coordinate the work of the Program with the work of those 20
agencies, organizations and persons; and 21
(b) Maximize the resources of state and local governments in the 22
efforts to educate the public about the importance of oral health, 23
including, without limitation, the prevention and detection of oral 24
diseases and proper oral hygiene; 25
7. Develop and carry out public awareness and media 26
campaigns in each county, targeting groups of persons who are 27
considered at risk for developing oral diseases; 28
8. Evaluate the need to improve the quality and accessibility of 29
dental services that exist in communities in this State; and 30
9. Develop and coordinate, in cooperation with the Department 31
of Education, recommendations for dental programs to encourage 32
proper oral hygiene by children. 33
Sec. 6. NRS 439.2794 is hereby amended to read as follows: 34
439.2794 1. The [Division] Department may: 35
(a) Enter into contracts for any services necessary to carry out or 36
assist the [Division] Department in carrying out the provisions of 37
NRS 439.271 to 439.2794, inclusive, with public or private entities 38
that have the appropriate expertise to provide such services; 39
(b) Apply for and accept any gift, donation, bequest, grant or 40
other source of money to carry out the provisions of NRS 439.271 41
to 439.2794, inclusive; 42
(c) Apply for any waiver from the Federal Government that may 43
be necessary to maximize the amount of money this State may 44
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obtain from the Federal Government to carry out the provisions of 1
NRS 439.271 to 439.2794, inclusive; and 2
(d) Adopt regulations as necessary to carry out and administer 3
the Program. 4
2. Any money that is accepted by the [Division] Department 5
pursuant to subsection 1 must be deposited in the State Treasury and 6
accounted for separately in the State General Fund. 7
3. The [Administrator] Director shall administer the account 8
created pursuant to subsection 2. Money in the account does not 9
lapse to the State General Fund at the end of the fiscal year. The 10
interest and income earned on the money in the account must be 11
credited to the account. Any claims against the account must be paid 12
as other claims against the State are paid. 13
Sec. 7. The Legislative Counsel shall: 14
1. In preparing the reprint and supplements to the Nevada 15
Revised Statutes, appropriately change any references to an officer, 16
agency or other entity whose name is changed or whose 17
responsibilities are transferred pursuant to the provisions of this act 18
to refer to the appropriate officer, agency or other entity. 19
2. In preparing supplements to the Nevada Administrative 20
Code, appropriately change any references to an officer, agency or 21
other entity whose name is changed or whose responsibilities are 22
transferred pursuant to the provisions of this act to refer to the 23
appropriate officer, agency or other entity. 24
Sec. 8. 1. Any administrative regulations adopted by an 25
officer or an agency whose name has been changed or whose 26
responsibilities have been transferred pursuant to the provisions of 27
this act to another officer or agency remain in force until amended 28
by the officer or agency to which the responsibility for the adoption 29
of the regulations has been transferred. 30
2. Any contracts or other agreements entered into by an officer 31
or agency whose name has been changed or whose responsibilities 32
have been transferred pursuant to the provisions of this act to 33
another officer or agency are binding upon the officer or agency to 34
which the responsibility for the administration of the provisions of 35
the contract or other agreement has been transferred. Such contracts 36
and other agreements may be enforced by the officer or agency to 37
which the responsibility for the enforcement of the provisions of the 38
contract or other agreement has been transferred. 39
3. Any action taken by an officer or agency whose name has 40
been changed or whose responsibilities have been transferred 41
pursuant to the provisions of this act to another officer or agency 42
remains in effect as if taken by the officer or agency to which the 43
responsibility for the enforcement of such actions has been 44
transferred. 45
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Sec. 9. This act becomes effective on July 1, 2023. 1
H