Nevada 2023 2023 Regular Session

Nevada Senate Bill SB44 Amended / Bill

                      
 (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. 
 
~ 
 
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 
 
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