- 82nd Session (2023)
Senate Bill No. 44–Committee on
Health and Human Services
CHAPTER..........
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
Department of Health and Human Services to appoint, with the consent of the
Director of the Department, a State Dental Health Officer and prescribes
the qualifications and duties of the State Dental Health Officer. Existing law also
requires the State Dental Health Officer to: (1) hold a current license to practice
dentistry issued pursuant to chapter 631 of NRS; and (2) be appointed on the basis
of his or her education, training and experience and his or her interest in public
dental health and related programs. Finally, existing law requires the State Dental
Health Officer to devote all of his or her time to the business of his or her office
and prohibits him or her from pursuing any other business or vocation or holding
any other office of profit. (NRS 422.239) Section 1 of this bill transfers the duty to
appoint the State Dental Health Officer from the Division of Health Care Financing
and Policy to the Director of the Department. Section 1 also provides that the State
Dental Health Officer must have satisfied the educational requirements for and
may, but is not required to, satisfy any other requirements for the issuance of an
unrestricted license to practice dentistry pursuant to chapter 631 of NRS. Finally,
section 1 eliminates the requirement that the State Dental Health Officer devote all
of his or her time to the business of his or her office and the prohibition on the
pursuit of any other business or vocation or holding any other office of profit.
Existing law requires the Division of Public and Behavioral Health of the
Department of Health and Human Services to appoint, with the consent of the
Director of the Department, a State Public Health Dental Hygienist, who must: (1)
hold a current license to practice dental hygiene issued pursuant to chapter 631 of
NRS with a special endorsement to practice public health dental hygiene; and (2) be
appointed on the basis of his or her education, training and experience and his or
her interest in public health dental hygiene and related programs. Existing law also
requires the State Public Health Dental Hygienist to devote all of his or her time to
the business of his or her office and prohibits the State Public Health Dental
Hygienist from pursuing any other business or vocation or holding any other office
of profit. (NRS 439.279) Section 2 of this bill transfers the duty to appoint the State
Public Health Dental Hygienist to the Department and provides that the State
Public Health Dental Hygienist may, but is not required to, hold a current license to
practice dental hygiene issued pursuant to chapter 631 of NRS with a special
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endorsement to practice public health dental hygiene. Section 2 also eliminates the
requirement that the State Public Health Dental Hygienist devote all of his or her
time to the business of his or her office and the prohibition on the pursuit of any
other business or vocation or holding any other office of profit.
Existing law establishes the State Program for Oral Health within the Division
of Public and Behavioral Health. (NRS 439.2791) Section 3 of this bill transfers
that Program to the Department.
Existing law: (1) creates the Advisory Committee on the State Program for Oral
Health within the Division of Public and Behavioral Health; and (2) requires the
Advisory Committee to annually submit a written report to the Administrator of the
Division summarizing the activities of the Advisory Committee and its
recommendations. (NRS 439.2792) Section 4 of this bill: (1) transfers the Advisory
Committee to the Department; and (2) requires the Advisory Committee to submit
its annual report to the Director of the Department.
Existing law prescribes certain duties for the Division of Public and Behavioral
Health to perform with the advice and recommendations of the Advisory
Committee. (NRS 439.2793) Section 5 of this bill transfers those duties to the
Department.
Existing law authorizes the Division of Public and Behavioral Health to take
certain actions and sets forth certain requirements and duties for the administration
of money accepted to carry out the State Program for Oral Health. (NRS 439.2794)
Section 6 of this bill transfers that authority and those requirements and duties to
the Department.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
422.239 1. The [Division of Health Care Financing and
Policy of the Department] Director shall appoint [, with the consent
of the Director,] a State Dental Health Officer, who may serve in the
unclassified service of the State or as a contractor for the [Division.]
Department. The State Dental Health Officer must:
(a) Be a resident of this State;
(b) [Hold a current] Have satisfied the educational
requirements for and may, but is not required to, satisfy any other
requirements for the issuance of an unrestricted license to practice
dentistry [issued] pursuant to chapter 631 of NRS; and
(c) Be appointed on the basis of his or her education, training
and experience and his or her interest in public dental health and
related programs.
2. The State Dental Health Officer shall:
(a) Determine the needs of the residents of this State for public
dental health;
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(b) Provide the Advisory Committee [, the Division of Health
Care Financing and Policy] and the [Division of Public and
Behavioral Health] Department with advice regarding public dental
health;
(c) Make recommendations to the Advisory Committee, the
[Division of Health Care Financing and Policy, the Division of
Public and Behavioral Health] Department and the Legislature
regarding programs in this State for public dental health;
(d) Work collaboratively with the State Public Health Dental
Hygienist; and
(e) Seek such information and advice from the Advisory
Committee or from any dental education program in this State,
including any such programs of the Nevada System of Higher
Education, as necessary to carry out his or her duties.
3. [The State Dental Health Officer shall devote all of his or
her time to the business of his or her office and shall not pursue any
other business or vocation or hold any other office of profit.
4.] As used in this section, “Advisory Committee” means the
Advisory Committee on the State Program for Oral Health created
by NRS 439.2792.
Sec. 2. NRS 439.279 is hereby amended to read as follows:
439.279 1. The [Division] Department shall appoint [, with
the consent of the Director,] a State Public Health Dental Hygienist,
who may serve in the unclassified service of the State or as a
contractor for the [Division.] Department. The State Public Health
Dental Hygienist : [must:]
(a) [Be] Must be a resident of this State;
(b) [Hold] May, but is not required to, hold a current license to
practice dental hygiene issued pursuant to chapter 631 of NRS with
a special endorsement issued pursuant to NRS 631.287; and
(c) [Be] Must be appointed on the basis of his or her education,
training and experience and his or her interest in public health dental
hygiene and related programs.
2. The State Public Health Dental Hygienist:
(a) Shall work collaboratively with the State Dental Health
Officer in carrying out his or her duties; and
(b) May:
(1) Provide advice and make recommendations to the
Advisory Committee and the [Division] Department regarding
programs in this State for public health dental hygiene; and
(2) [Perform] If he or she holds a license to practice dental
hygiene issued pursuant to chapter 631 of NRS with a special
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endorsement issued pursuant to NRS 631.287, perform any acts
authorized pursuant to NRS 631.287.
3. [The State Public Health Dental Hygienist shall devote all of
his or her time to the business of his or her office and shall not
pursue any other business or vocation or hold any other office of
profit.
4.] The [Division] Department may solicit and accept gifts and
grants to pay the costs associated with the position of State Public
Health Dental Hygienist.
Sec. 3. NRS 439.2791 is hereby amended to read as follows:
439.2791 There is hereby established within the [Division]
Department the State Program for Oral Health to increase public
knowledge and raise public awareness of the importance of oral
health and to educate the residents of this State on matters relating
to oral health, including, without limitation:
1. Proper oral hygiene;
2. The factors that increase the risk of a person developing oral
diseases; and
3. The prevention and treatment of oral diseases.
Sec. 4. NRS 439.2792 is hereby amended to read as follows:
439.2792 1. There is hereby created within the [Division of
Public and Behavioral Health] Department the Advisory Committee
on the State Program for Oral Health to advise and make
recommendations to the [Division] Department concerning the
Program.
2. The [Administrator] Director shall appoint to the Advisory
Committee 13 members, including, without limitation, one or more
persons who are representatives of:
(a) Public health care professionals and educators;
(b) Providers of oral health care;
(c) Persons knowledgeable in promoting and educating the
public on oral health issues; and
(d) National dental and other oral health organizations and their
local or state chapters.
3. After the initial terms, the members of the Advisory
Committee serve terms of 2 years commencing on July 1. A
member may be reappointed.
4. Members of the Advisory Committee serve without
compensation, except that each member is entitled, while engaged in
the business of the Advisory Committee, to the per diem allowance
and travel expenses provided for state officers and employees
generally.
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5. Any member of the Advisory Committee who is a public
employee must be granted administrative leave from his or her
duties to engage in the business of the Advisory Committee without
loss of his or her regular compensation. Such leave does not reduce
the amount of the member’s other accrued leave.
6. A majority of the members of the Advisory Committee
constitutes a quorum for the transaction of business, and a majority
of a quorum present at any meeting is sufficient for any official
action taken by the Advisory Committee.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chair
from among its members;
(b) Meet at the call of the Director, the Chair or a majority of its
members as necessary and within the budget of the Advisory
Committee; and
(c) On or before July 1 of each year, submit a written report to
the [Administrator] Director summarizing the activities of the
Advisory Committee and any recommendations of the Advisory
Committee.
Sec. 5. NRS 439.2793 is hereby amended to read as follows:
439.2793 To carry out the provisions of NRS 439.271 to
439.2794, inclusive, the [Division] Department shall, with advice
and recommendations of the Advisory Committee:
1. Establish a solid scientific database of the most current
information on the importance of oral health, using information
obtained through surveillance, epidemiology and research related to
oral health;
2. Provide educational materials and information on research
concerning matters relating to oral health to health care
professionals, providers of oral health care and the public, including,
without limitation, materials and information concerning programs
and services available to the public and strategies for the prevention
of oral diseases;
3. Coordinate the establishment of regional coalitions to
support the efforts of the Program;
4. Increase public awareness about the prevention, detection
and treatment of oral diseases among state and local governmental
officials who are responsible for matters relating to oral health,
health care professionals, providers of oral health care and
policymakers;
5. Coordinate state and local programs and services to ensure
that the public has adequate access to dental services;
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6. Work with other governmental agencies, national health
organizations and their local and state chapters, community and
business leaders, community organizations and providers of oral
health care to:
(a) Coordinate the work of the Program with the work of those
agencies, organizations and persons; and
(b) Maximize the resources of state and local governments in the
efforts to educate the public about the importance of oral health,
including, without limitation, the prevention and detection of oral
diseases and proper oral hygiene;
7. Develop and carry out public awareness and media
campaigns in each county, targeting groups of persons who are
considered at risk for developing oral diseases;
8. Evaluate the need to improve the quality and accessibility of
dental services that exist in communities in this State; and
9. Develop and coordinate, in cooperation with the Department
of Education, recommendations for dental programs to encourage
proper oral hygiene by children.
Sec. 6. NRS 439.2794 is hereby amended to read as follows:
439.2794 1. The [Division] Department may:
(a) Enter into contracts for any services necessary to carry out or
assist the [Division] Department in carrying out the provisions of
NRS 439.271 to 439.2794, inclusive, with public or private entities
that have the appropriate expertise to provide such services;
(b) Apply for and accept any gift, donation, bequest, grant or
other source of money to carry out the provisions of NRS 439.271
to 439.2794, inclusive;
(c) Apply for any waiver from the Federal Government that may
be necessary to maximize the amount of money this State may
obtain from the Federal Government to carry out the provisions of
NRS 439.271 to 439.2794, inclusive; and
(d) Adopt regulations as necessary to carry out and administer
the Program.
2. Any money that is accepted by the [Division] Department
pursuant to subsection 1 must be deposited in the State Treasury and
accounted for separately in the State General Fund.
3. The [Administrator] Director shall administer the account
created pursuant to subsection 2. Money in the account does not
lapse to the State General Fund at the end of the fiscal year. The
interest and income earned on the money in the account must be
credited to the account. Any claims against the account must be paid
as other claims against the State are paid.
Sec. 7. The Legislative Counsel shall:
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1. In preparing the reprint and supplements to the Nevada
Revised Statutes, appropriately change any references to an officer,
agency or other entity whose name is changed or whose
responsibilities are transferred pursuant to the provisions of this act
to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative
Code, appropriately change any references to an officer, agency or
other entity whose name is changed or whose responsibilities are
transferred pursuant to the provisions of this act to refer to the
appropriate officer, agency or other entity.
Sec. 8. 1. Any administrative regulations adopted by an
officer or an agency whose name has been changed or whose
responsibilities have been transferred pursuant to the provisions of
this act to another officer or agency remain in force until amended
by the officer or agency to which the responsibility for the adoption
of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer
or agency whose name has been changed or whose responsibilities
have been transferred pursuant to the provisions of this act to
another officer or agency are binding upon the officer or agency to
which the responsibility for the administration of the provisions of
the contract or other agreement has been transferred. Such contracts
and other agreements may be enforced by the officer or agency to
which the responsibility for the enforcement of the provisions of the
contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has
been changed or whose responsibilities have been transferred
pursuant to the provisions of this act to another officer or agency
remains in effect as if taken by the officer or agency to which the
responsibility for the enforcement of such actions has been
transferred.
Sec. 9. This act becomes effective on July 1, 2023.
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