A.B. 334
- *AB334*
ASSEMBLY BILL NO. 334–ASSEMBLYMEMBERS
KASAMA, YUREK; HARDY AND KOENIG
MARCH 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to oral health.
(BDR 54-800)
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 health care; revising provisions governing the
qualifications of applicants for a license by endorsement
as a dental hygienist; revising the scope of practice of
expanded function dental assistants and dental hygienists
who have a special endorsement to practice restorative
dental hygiene; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of dental hygienists and 1
expanded function dental assistants in this State by the Board of Dental Examiners 2
of Nevada. (Chapter 631 of NRS) Existing law further: (1) requires a regulatory 3
body to adopt regulations providing for the issuance of a license by endorsement to 4
engage in an occupation or profession in this State to a natural person who is 5
licensed to practice that profession in another state; and (2) sets forth certain 6
minimum requirements for obtaining a license by endorsement. Existing law 7
authorizes a regulatory body to require an applicant for such a license by 8
endorsement to submit proof that the applicant has engaged in the occupation or 9
profession for which the applicant is seeking a license by endorsement for a period 10
of time specified by the regulatory body. (NRS 622.530) 11
Under existing regulations, a person applying for licensure by endorsement as a 12
dental hygienist, in addition to certain other requirements, is required to have 13
actively practiced dental hygiene for the 5 years immediately preceding the date of 14
submission of the application. (NAC 631.030) Section 4 of this bill declares this 15
provision of regulation void, and sections 1 and 2 of this bill prohibit the Board 16
from adopting regulations that require an applicant for licensure by endorsement to 17
practice dental hygiene to have practiced dental hygiene in another state for a 18
specified period of time immediately preceding submission of the application for 19
licensure by endorsement. Thus, sections 1, 2 and 4 have the effect of removing 20
– 2 –
- *AB334*
the requirement that an applicant for licensure by endorsement to practice dental 21
hygiene have practiced in another state for 5 years immediately preceding the date 22
of submission of an application for such licensure. 23
Existing law authorizes an expanded function dental assistant or dental 24
hygienist with a special endorsement to practice restorative dental hygiene to use an 25
ultrasonic scaling unit only for the removal of bonding agents. (NRS 631.3129) 26
Section 3 of this bill removes the limitation on the use of an ultrasonic scaling unit 27
by an expanded function dental assistant or dental hygienist with a special 28
endorsement to practice restorative dental hygiene, thereby authorizing such a 29
person to use an ultrasonic scaling unit without limitation. Section 3 also authorizes 30
such a person to perform coronal scaling. 31
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 622.530 is hereby amended to read as follows: 1
622.530 1. Except as otherwise provided by specific statute 2
relating to the issuance of a license by endorsement, a regulatory 3
body shall adopt regulations providing for the issuance of a license 4
by endorsement to engage in an occupation or profession in this 5
State to any natural person who: 6
(a) Holds a corresponding valid and unrestricted license to 7
engage in that occupation or profession in the District of Columbia 8
or any state or territory of the United States; 9
(b) Possesses qualifications that are substantially similar to the 10
qualifications required for issuance of a license to engage in that 11
occupation or profession in this State; and 12
(c) Satisfies the requirements of this section and the regulations 13
adopted pursuant thereto. 14
2. The regulations adopted pursuant to subsection 1 must not 15
allow the issuance of a license by endorsement to engage in an 16
occupation or profession in this State to a natural person unless such 17
a person: 18
(a) Has not been disciplined by the corresponding regulatory 19
authority of the District of Columbia or any state or territory in 20
which the applicant currently holds or has held a license to engage 21
in an occupation or profession; 22
(b) Has not been held civilly or criminally liable in the District 23
of Columbia or any state or territory of the United States for 24
misconduct relating to his or her occupation or profession; 25
(c) Has not had a license to engage in an occupation or 26
profession suspended or revoked in the District of Columbia or any 27
state or territory of the United States; 28
(d) Has not been refused a license to engage in an occupation or 29
profession in the District of Columbia or any state or territory of the 30
United States for any reason; 31
– 3 –
- *AB334*
(e) Does not have pending any disciplinary action concerning 1
his or her license to engage in an occupation or profession in the 2
District of Columbia or any state or territory of the United States; 3
(f) Pays any applicable fees for the issuance of a license that are 4
otherwise required for a natural person to obtain a license in this 5
State; 6
(g) Submits to the regulatory body a complete set of his or her 7
fingerprints and written permission authorizing the regulatory body 8
to forward the fingerprints to the Central Repository for Nevada 9
Records of Criminal History for submission to the Federal Bureau 10
of Investigation for its report or proof that the applicant has 11
previously passed a comparable criminal background check; and 12
(h) Submits to the regulatory body the statement required by 13
NRS 425.520. 14
3. [A] Except as otherwise provided in NRS 631.190, a 15
regulatory body may, by regulation, require an applicant for 16
issuance of a license by endorsement to engage in an occupation or 17
profession in this State to submit with his or her application: 18
(a) Proof satisfactory to the regulatory body that the applicant: 19
(1) Has achieved a passing score on a nationally recognized, 20
nationally accredited or nationally certified examination or other 21
examination approved by the regulatory body; 22
(2) Has completed the requirements of an appropriate 23
vocational, academic or professional program of study in the 24
occupation or profession for which the applicant is seeking a license 25
by endorsement in this State; 26
(3) Has engaged in the occupation or profession for which 27
the applicant is seeking a license by endorsement in this State 28
pursuant to the applicant’s existing licensure for the period 29
determined by the regulatory body preceding the date of the 30
application; and 31
(4) Possesses a sufficient degree of competency in the 32
occupation or profession for which he or she is seeking licensure by 33
endorsement in this State; 34
(b) An affidavit stating that the information contained in the 35
application and any accompanying material is true and complete; 36
and 37
(c) Any other information required by the regulatory body. 38
4. Not later than 21 business days after receiving an application 39
for a license by endorsement to engage in an occupation or 40
profession pursuant to this section, the regulatory body shall provide 41
written notice to the applicant of any additional information required 42
by the regulatory body to consider the application. Unless the 43
regulatory body denies the application for good cause, the 44
regulatory body shall approve the application and issue a license by 45
– 4 –
- *AB334*
endorsement to engage in the occupation or profession to the 1
applicant not later than: 2
(a) Sixty days after receiving the application; 3
(b) If the regulatory body requires an applicant to submit 4
fingerprints and authorize the preparation of a report on the 5
applicant’s background based on the submission of the applicant’s 6
fingerprints, 15 days after the regulatory body receives the report; or 7
(c) If the regulatory body requires the filing and maintenance of 8
a bond as a requirement for the issuance of a license, 15 days after 9
the filing of the bond with the regulatory body, 10
whichever occurs later. 11
5. A license by endorsement to engage in an occupation or 12
profession in this State issued pursuant to this section may be issued 13
at a meeting of the regulatory body or between its meetings by the 14
presiding member of the regulatory body and the executive head of 15
the regulatory body. Such an action shall be deemed to be an action 16
of the regulatory body. 17
6. A regulatory body may deny an application for licensure by 18
endorsement if: 19
(a) An applicant willfully fails to comply with the provisions of 20
paragraph (g) of subsection 2; or 21
(b) The report from the Federal Bureau of Investigation 22
indicates that the applicant has been convicted of a crime that would 23
be grounds for taking disciplinary action against the applicant as a 24
licensee and the regulatory body has not previously taken 25
disciplinary action against the licensee based on that conviction. 26
7. The provisions of this section are intended to supplement 27
other provisions of statute governing licensure by endorsement. If 28
any provision of statute conflicts with this section, the other 29
provision of statute prevails over this section to the extent that the 30
other provisions provide more specific requirements relating to 31
licensure by endorsement. 32
Sec. 2. NRS 631.190 is hereby amended to read as follows: 33
631.190 1. In addition to the powers and duties provided in 34
this chapter, the Board shall: 35
[1.] (a) Adopt rules and regulations necessary to carry out the 36
provisions of this chapter. 37
[2.] (b) Appoint such committees, review panels, examiners, 38
officers, employees, agents, attorneys, investigators and other 39
professional consultants and define their duties and incur such 40
expense as it may deem proper or necessary to carry out the 41
provisions of this chapter, the expense to be paid as provided in this 42
chapter. 43
– 5 –
- *AB334*
[3.] (c) Fix the time and place for and conduct examinations for 1
the granting of licenses to practice dentistry, dental hygiene, dental 2
therapy and expanded function dental assistance. 3
[4.] (d) Examine applicants for licenses to practice dentistry, 4
dental hygiene, dental therapy and expanded function dental 5
assistance. 6
[5.] (e) Collect and apply fees as provided in this chapter. 7
[6.] (f) Keep a register of all dentists, dental hygienists, dental 8
therapists and expanded function dental assistants licensed in this 9
State, together with their addresses, license numbers and renewal 10
certificate numbers. 11
[7.] (g) Have and use a common seal. 12
[8.] (h) Keep such records as may be necessary to report the 13
acts and proceedings of the Board. Except as otherwise provided in 14
NRS 631.368, the records must be open to public inspection. 15
[9.] (i) Maintain offices in as many localities in the State as it 16
finds necessary to carry out the provisions of this chapter. 17
[10.] (j) Have discretion to examine work authorizations in 18
dental offices or dental laboratories. 19
2. The Board may not adopt regulations pursuant to NRS 20
622.530 that require an applicant for the issuance of a license by 21
endorsement as a dental hygienist to have practiced dental hygiene 22
in another state for a specified period of time immediately 23
preceding the submission of the application. 24
Sec. 3. NRS 631.3129 is hereby amended to read as follows: 25
631.3129 An expanded function dental assistant or dental 26
hygienist with a special endorsement to practice restorative dental 27
hygiene may perform the following acts under the conditions 28
prescribed by NRS 631.288 and 631.31288: 29
1. Any service that a dental assistant or dental hygienist, as 30
applicable, is authorized to perform pursuant to this chapter or any 31
regulation adopted pursuant thereto. 32
2. Placing, condensing, contouring, adjusting, curing and 33
finishing restorations that are made of a direct restorative material, 34
including, without limitation, amalgam, resin-based composite and 35
glass ionomer. 36
3. Placing and removing matrices and interproximal wedge 37
devices. 38
4. Placing desensitizers, liners and bases. 39
5. Taking final impressions for: 40
(a) Indirect restorations, including, without limitation, crowns, 41
bridges and veneers; and 42
(b) Removable prostheses, including, without limitation, 43
dentures. 44
6. Adjusting a removable prostheses extraorally. 45
– 6 –
- *AB334*
7. Cementation of permanent restorations, including, without 1
limitation, crowns, bridges and veneers, if the authorizing dentist: 2
(a) Evaluates and approves each permanent restoration before 3
the cementation is final; and 4
(b) Inspects each permanent restoration before the patient leaves 5
the premises where the cementation occurred. 6
8. Placing topical fluoride. 7
9. Administering a hemostatic agent. 8
10. Applying agents for bleaching teeth. 9
11. Using an ultrasonic scaling unit . [only for the removal of 10
bonding agents. This subsection does not authorize an expanded 11
function dental assistant to use an ultrasonic scaling unit on any 12
natural tooth.] 13
12. Coronal scaling. 14
Sec. 4. Any provision of a regulation adopted by the Board of 15
Dental Examiners which conflicts with the provisions of subsection 16
2 of NRS 631.190, as amended by section 2 of this act, are hereby 17
declared void. 18
Sec. 5. This act becomes effective on July 1, 2025. 19
H