Nevada 2023 Regular Session

Nevada Senate Bill SB44 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 44–Committee on
5	5	Health and Human Services
6	6
7	7	CHAPTER..........
8	8
9	9	AN ACT relating to public health; transferring the State Dental
10	10	Health Officer from the Division of Health Care Financing
11	11	and Policy of the Department of Health and Human Services
12	12	to the Department; revising provisions governing the
13	13	qualifications for appointment as the State Dental Health
14	14	Officer or the State Public Health Dental Hygienist;
15	15	transferring the State Program for Oral Health, the Advisory
16	16	Committee on the State Program for Oral Health and certain
17	17	duties from the Division of Public and Behavioral Health of
18	18	the Department of Health and Human Services to the
19	19	Department; and providing other matters properly relating
20	20	thereto.
21	21	Legislative Counsel’s Digest:
22	22	Existing law requires the Division of Health Care Financing and Policy of the
23	23	Department of Health and Human Services to appoint, with the consent of the
24	24	Director of the Department, a State Dental Health Officer and prescribes
25	25	the qualifications and duties of the State Dental Health Officer. Existing law also
26	26	requires the State Dental Health Officer to: (1) hold a current license to practice
27	27	dentistry issued pursuant to chapter 631 of NRS; and (2) be appointed on the basis
28	28	of his or her education, training and experience and his or her interest in public
29	29	dental health and related programs. Finally, existing law requires the State Dental
30	30	Health Officer to devote all of his or her time to the business of his or her office
31	31	and prohibits him or her from pursuing any other business or vocation or holding
32	32	any other office of profit. (NRS 422.239) Section 1 of this bill transfers the duty to
33	33	appoint the State Dental Health Officer from the Division of Health Care Financing
34	34	and Policy to the Director of the Department. Section 1 also provides that the State
35	35	Dental Health Officer must have satisfied the educational requirements for and
36	36	may, but is not required to, satisfy any other requirements for the issuance of an
37	37	unrestricted license to practice dentistry pursuant to chapter 631 of NRS. Finally,
38	38	section 1 eliminates the requirement that the State Dental Health Officer devote all
39	39	of his or her time to the business of his or her office and the prohibition on the
40	40	pursuit of any other business or vocation or holding any other office of profit.
41	41	Existing law requires the Division of Public and Behavioral Health of the
42	42	Department of Health and Human Services to appoint, with the consent of the
43	43	Director of the Department, a State Public Health Dental Hygienist, who must: (1)
44	44	hold a current license to practice dental hygiene issued pursuant to chapter 631 of
45	45	NRS with a special endorsement to practice public health dental hygiene; and (2) be
46	46	appointed on the basis of his or her education, training and experience and his or
47	47	her interest in public health dental hygiene and related programs. Existing law also
48	48	requires the State Public Health Dental Hygienist to devote all of his or her time to
49	49	the business of his or her office and prohibits the State Public Health Dental
50	50	Hygienist from pursuing any other business or vocation or holding any other office
51	51	of profit. (NRS 439.279) Section 2 of this bill transfers the duty to appoint the State
52	52	Public Health Dental Hygienist to the Department and provides that the State
53	53	Public Health Dental Hygienist may, but is not required to, hold a current license to
54	54	practice dental hygiene issued pursuant to chapter 631 of NRS with a special
55	55	– 2 –
56	56
57	57
58	58	- 82nd Session (2023)
59	59	endorsement to practice public health dental hygiene. Section 2 also eliminates the
60	60	requirement that the State Public Health Dental Hygienist devote all of his or her
61	61	time to the business of his or her office and the prohibition on the pursuit of any
62	62	other business or vocation or holding any other office of profit.
63	63	Existing law establishes the State Program for Oral Health within the Division
64	64	of Public and Behavioral Health. (NRS 439.2791) Section 3 of this bill transfers
65	65	that Program to the Department.
66	66	Existing law: (1) creates the Advisory Committee on the State Program for Oral
67	67	Health within the Division of Public and Behavioral Health; and (2) requires the
68	68	Advisory Committee to annually submit a written report to the Administrator of the
69	69	Division summarizing the activities of the Advisory Committee and its
70	70	recommendations. (NRS 439.2792) Section 4 of this bill: (1) transfers the Advisory
71	71	Committee to the Department; and (2) requires the Advisory Committee to submit
72	72	its annual report to the Director of the Department.
73	73	Existing law prescribes certain duties for the Division of Public and Behavioral
74	74	Health to perform with the advice and recommendations of the Advisory
75	75	Committee. (NRS 439.2793) Section 5 of this bill transfers those duties to the
76	76	Department.
77	77	Existing law authorizes the Division of Public and Behavioral Health to take
78	78	certain actions and sets forth certain requirements and duties for the administration
79	79	of money accepted to carry out the State Program for Oral Health. (NRS 439.2794)
80	80	Section 6 of this bill transfers that authority and those requirements and duties to
81	81	the Department.
82	82
83	83	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
84	84
85	85
86	86	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
87	87	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
88	88
89	89	Section 1. NRS 422.239 is hereby amended to read as follows:
90	90	422.239 1. The [Division of Health Care Financing and
91	91	Policy of the Department] Director shall appoint [, with the consent
92	92	of the Director,] a State Dental Health Officer, who may serve in the
93	93	unclassified service of the State or as a contractor for the [Division.]
94	94	Department. The State Dental Health Officer must:
95	95	(a) Be a resident of this State;
96	96	(b) [Hold a current] Have satisfied the educational
97	97	requirements for and may, but is not required to, satisfy any other
98	98	requirements for the issuance of an unrestricted license to practice
99	99	dentistry [issued] pursuant to chapter 631 of NRS; and
100	100	(c) Be appointed on the basis of his or her education, training
101	101	and experience and his or her interest in public dental health and
102	102	related programs.
103	103	2. The State Dental Health Officer shall:
104	104	(a) Determine the needs of the residents of this State for public
105	105	dental health;
106	106	– 3 –
107	107
108	108
109	109	- 82nd Session (2023)
110	110	(b) Provide the Advisory Committee [, the Division of Health
111	111	Care Financing and Policy] and the [Division of Public and
112	112	Behavioral Health] Department with advice regarding public dental
113	113	health;
114	114	(c) Make recommendations to the Advisory Committee, the
115	115	[Division of Health Care Financing and Policy, the Division of
116	116	Public and Behavioral Health] Department and the Legislature
117	117	regarding programs in this State for public dental health;
118	118	(d) Work collaboratively with the State Public Health Dental
119	119	Hygienist; and
120	120	(e) Seek such information and advice from the Advisory
121	121	Committee or from any dental education program in this State,
122	122	including any such programs of the Nevada System of Higher
123	123	Education, as necessary to carry out his or her duties.
124	124	3. [The State Dental Health Officer shall devote all of his or
125	125	her time to the business of his or her office and shall not pursue any
126	126	other business or vocation or hold any other office of profit.
127	127	4.] As used in this section, “Advisory Committee” means the
128	128	Advisory Committee on the State Program for Oral Health created
129	129	by NRS 439.2792.
130	130	Sec. 2. NRS 439.279 is hereby amended to read as follows:
131	131	439.279 1. The [Division] Department shall appoint [, with
132	132	the consent of the Director,] a State Public Health Dental Hygienist,
133	133	who may serve in the unclassified service of the State or as a
134	134	contractor for the [Division.] Department. The State Public Health
135	135	Dental Hygienist : [must:]
136	136	(a) [Be] Must be a resident of this State;
137	137	(b) [Hold] May, but is not required to, hold a current license to
138	138	practice dental hygiene issued pursuant to chapter 631 of NRS with
139	139	a special endorsement issued pursuant to NRS 631.287; and
140	140	(c) [Be] Must be appointed on the basis of his or her education,
141	141	training and experience and his or her interest in public health dental
142	142	hygiene and related programs.
143	143	2. The State Public Health Dental Hygienist:
144	144	(a) Shall work collaboratively with the State Dental Health
145	145	Officer in carrying out his or her duties; and
146	146	(b) May:
147	147	(1) Provide advice and make recommendations to the
148	148	Advisory Committee and the [Division] Department regarding
149	149	programs in this State for public health dental hygiene; and
150	150	(2) [Perform] If he or she holds a license to practice dental
151	151	hygiene issued pursuant to chapter 631 of NRS with a special
152	152	– 4 –
153	153
154	154
155	155	- 82nd Session (2023)
156	156	endorsement issued pursuant to NRS 631.287, perform any acts
157	157	authorized pursuant to NRS 631.287.
158	158	3. [The State Public Health Dental Hygienist shall devote all of
159	159	his or her time to the business of his or her office and shall not
160	160	pursue any other business or vocation or hold any other office of
161	161	profit.
162	162	4.] The [Division] Department may solicit and accept gifts and
163	163	grants to pay the costs associated with the position of State Public
164	164	Health Dental Hygienist.
165	165	Sec. 3. NRS 439.2791 is hereby amended to read as follows:
166	166	439.2791 There is hereby established within the [Division]
167	167	Department the State Program for Oral Health to increase public
168	168	knowledge and raise public awareness of the importance of oral
169	169	health and to educate the residents of this State on matters relating
170	170	to oral health, including, without limitation:
171	171	1. Proper oral hygiene;
172	172	2. The factors that increase the risk of a person developing oral
173	173	diseases; and
174	174	3. The prevention and treatment of oral diseases.
175	175	Sec. 4. NRS 439.2792 is hereby amended to read as follows:
176	176	439.2792 1. There is hereby created within the [Division of
177	177	Public and Behavioral Health] Department the Advisory Committee
178	178	on the State Program for Oral Health to advise and make
179	179	recommendations to the [Division] Department concerning the
180	180	Program.
181	181	2. The [Administrator] Director shall appoint to the Advisory
182	182	Committee 13 members, including, without limitation, one or more
183	183	persons who are representatives of:
184	184	(a) Public health care professionals and educators;
185	185	(b) Providers of oral health care;
186	186	(c) Persons knowledgeable in promoting and educating the
187	187	public on oral health issues; and
188	188	(d) National dental and other oral health organizations and their
189	189	local or state chapters.
190	190	3. After the initial terms, the members of the Advisory
191	191	Committee serve terms of 2 years commencing on July 1. A
192	192	member may be reappointed.
193	193	4. Members of the Advisory Committee serve without
194	194	compensation, except that each member is entitled, while engaged in
195	195	the business of the Advisory Committee, to the per diem allowance
196	196	and travel expenses provided for state officers and employees
197	197	generally.
198	198	– 5 –
199	199
200	200
201	201	- 82nd Session (2023)
202	202	5. Any member of the Advisory Committee who is a public
203	203	employee must be granted administrative leave from his or her
204	204	duties to engage in the business of the Advisory Committee without
205	205	loss of his or her regular compensation. Such leave does not reduce
206	206	the amount of the member’s other accrued leave.
207	207	6. A majority of the members of the Advisory Committee
208	208	constitutes a quorum for the transaction of business, and a majority
209	209	of a quorum present at any meeting is sufficient for any official
210	210	action taken by the Advisory Committee.
211	211	7. The Advisory Committee shall:
212	212	(a) At its first meeting and annually thereafter, elect a Chair
213	213	from among its members;
214	214	(b) Meet at the call of the Director, the Chair or a majority of its
215	215	members as necessary and within the budget of the Advisory
216	216	Committee; and
217	217	(c) On or before July 1 of each year, submit a written report to
218	218	the [Administrator] Director summarizing the activities of the
219	219	Advisory Committee and any recommendations of the Advisory
220	220	Committee.
221	221	Sec. 5. NRS 439.2793 is hereby amended to read as follows:
222	222	439.2793 To carry out the provisions of NRS 439.271 to
223	223	439.2794, inclusive, the [Division] Department shall, with advice
224	224	and recommendations of the Advisory Committee:
225	225	1. Establish a solid scientific database of the most current
226	226	information on the importance of oral health, using information
227	227	obtained through surveillance, epidemiology and research related to
228	228	oral health;
229	229	2. Provide educational materials and information on research
230	230	concerning matters relating to oral health to health care
231	231	professionals, providers of oral health care and the public, including,
232	232	without limitation, materials and information concerning programs
233	233	and services available to the public and strategies for the prevention
234	234	of oral diseases;
235	235	3. Coordinate the establishment of regional coalitions to
236	236	support the efforts of the Program;
237	237	4. Increase public awareness about the prevention, detection
238	238	and treatment of oral diseases among state and local governmental
239	239	officials who are responsible for matters relating to oral health,
240	240	health care professionals, providers of oral health care and
241	241	policymakers;
242	242	5. Coordinate state and local programs and services to ensure
243	243	that the public has adequate access to dental services;
244	244	– 6 –
245	245
246	246
247	247	- 82nd Session (2023)
248	248	6. Work with other governmental agencies, national health
249	249	organizations and their local and state chapters, community and
250	250	business leaders, community organizations and providers of oral
251	251	health care to:
252	252	(a) Coordinate the work of the Program with the work of those
253	253	agencies, organizations and persons; and
254	254	(b) Maximize the resources of state and local governments in the
255	255	efforts to educate the public about the importance of oral health,
256	256	including, without limitation, the prevention and detection of oral
257	257	diseases and proper oral hygiene;
258	258	7. Develop and carry out public awareness and media
259	259	campaigns in each county, targeting groups of persons who are
260	260	considered at risk for developing oral diseases;
261	261	8. Evaluate the need to improve the quality and accessibility of
262	262	dental services that exist in communities in this State; and
263	263	9. Develop and coordinate, in cooperation with the Department
264	264	of Education, recommendations for dental programs to encourage
265	265	proper oral hygiene by children.
266	266	Sec. 6. NRS 439.2794 is hereby amended to read as follows:
267	267	439.2794 1. The [Division] Department may:
268	268	(a) Enter into contracts for any services necessary to carry out or
269	269	assist the [Division] Department in carrying out the provisions of
270	270	NRS 439.271 to 439.2794, inclusive, with public or private entities
271	271	that have the appropriate expertise to provide such services;
272	272	(b) Apply for and accept any gift, donation, bequest, grant or
273	273	other source of money to carry out the provisions of NRS 439.271
274	274	to 439.2794, inclusive;
275	275	(c) Apply for any waiver from the Federal Government that may
276	276	be necessary to maximize the amount of money this State may
277	277	obtain from the Federal Government to carry out the provisions of
278	278	NRS 439.271 to 439.2794, inclusive; and
279	279	(d) Adopt regulations as necessary to carry out and administer
280	280	the Program.
281	281	2. Any money that is accepted by the [Division] Department
282	282	pursuant to subsection 1 must be deposited in the State Treasury and
283	283	accounted for separately in the State General Fund.
284	284	3. The [Administrator] Director shall administer the account
285	285	created pursuant to subsection 2. Money in the account does not
286	286	lapse to the State General Fund at the end of the fiscal year. The
287	287	interest and income earned on the money in the account must be
288	288	credited to the account. Any claims against the account must be paid
289	289	as other claims against the State are paid.
290	290	Sec. 7. The Legislative Counsel shall:
291	291	– 7 –
292	292
293	293
294	294	- 82nd Session (2023)
295	295	1. In preparing the reprint and supplements to the Nevada
296	296	Revised Statutes, appropriately change any references to an officer,
297	297	agency or other entity whose name is changed or whose
298	298	responsibilities are transferred pursuant to the provisions of this act
299	299	to refer to the appropriate officer, agency or other entity.
300	300	2. In preparing supplements to the Nevada Administrative
301	301	Code, appropriately change any references to an officer, agency or
302	302	other entity whose name is changed or whose responsibilities are
303	303	transferred pursuant to the provisions of this act to refer to the
304	304	appropriate officer, agency or other entity.
305	305	Sec. 8. 1. Any administrative regulations adopted by an
306	306	officer or an agency whose name has been changed or whose
307	307	responsibilities have been transferred pursuant to the provisions of
308	308	this act to another officer or agency remain in force until amended
309	309	by the officer or agency to which the responsibility for the adoption
310	310	of the regulations has been transferred.
311	311	2. Any contracts or other agreements entered into by an officer
312	312	or agency whose name has been changed or whose responsibilities
313	313	have been transferred pursuant to the provisions of this act to
314	314	another officer or agency are binding upon the officer or agency to
315	315	which the responsibility for the administration of the provisions of
316	316	the contract or other agreement has been transferred. Such contracts
317	317	and other agreements may be enforced by the officer or agency to
318	318	which the responsibility for the enforcement of the provisions of the
319	319	contract or other agreement has been transferred.
320	320	3. Any action taken by an officer or agency whose name has
321	321	been changed or whose responsibilities have been transferred
322	322	pursuant to the provisions of this act to another officer or agency
323	323	remains in effect as if taken by the officer or agency to which the
324	324	responsibility for the enforcement of such actions has been
325	325	transferred.
326	326	Sec. 9. This act becomes effective on July 1, 2023.
327	327
328	328	20 ~~~~~ 23
329	329