1. The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:
(a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;
(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or
(c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
2. If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.
3. A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
(a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and
(b) A request for additional relevant information from the licensee who is the subject of the review and evaluation.
4. If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.
5. When deemed appropriate, the Executive Director of the Board may:
(a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.
(b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.
6. The Board shall:
(a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.
(b) Develop and disseminate to each dentist licensed pursuant to this chapter or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those dentists of the requirements of this section and NRS 631.365, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.
(Added to NRS by 2017, 4412; A 2019, 2129)
Structure Nevada Revised Statutes
Chapter 631 - Dentistry, Dental Hygiene and Dental Therapy
NRS 631.015 - "Accredited" defined.
NRS 631.020 - "Board" defined.
NRS 631.027 - "Deep sedation" defined.
NRS 631.030 - "Dental hygiene" defined.
NRS 631.040 - "Dental hygienist" defined.
NRS 631.045 - "Dental therapist" defined.
NRS 631.047 - "Dental therapy" defined.
NRS 631.055 - "General anesthesia" defined.
NRS 631.070 - "License" defined.
NRS 631.075 - "Malpractice" defined.
NRS 631.078 - "Minimal sedation" defined.
NRS 631.079 - "Moderate sedation" defined.
NRS 631.085 - "Preponderance of the evidence" defined.
NRS 631.095 - "Professional incompetence" defined.
NRS 631.100 - "Renewal certificate" defined.
NRS 631.103 - "Screening, brief intervention and referral to treatment approach" defined.
NRS 631.105 - "Supervision by a dentist" defined.
NRS 631.115 - Applicability of chapter.
NRS 631.130 - Qualifications of members.
NRS 631.140 - Appointment of members from particular areas of State.
NRS 631.150 - Grounds for removal of member from office.
NRS 631.160 - Officers and Executive Director.
NRS 631.190 - Powers and duties.
NRS 631.205 - Creation; membership; powers and duties.
NRS 631.230 - Eligibility of applicant for license to practice dentistry.
NRS 631.250 - Issuance of specialist’s license to dentist licensed in this State.
NRS 631.260 - Issuance of licenses by Board.
NRS 631.2715 - Limited license to supervise certain courses of continuing education.
NRS 631.272 - Temporary license to practice dentistry.
NRS 631.273 - Temporary license to practice dental therapy.
NRS 631.290 - Dental hygienists: Eligibility to apply for license.
NRS 631.300 - Dental hygienists: Examination; issuance of certificate of registration.
NRS 631.312 - Dental therapists: Eligibility to apply for license.
NRS 631.3121 - Dental therapists: Examination; issuance of certificate of registration.
NRS 631.3123 - Dental therapists: Required provisions of written practice agreement.
NRS 631.3125 - Dental therapists: Additional authorized care and services.
NRS 631.3127 - Dental therapists: Prohibition on prescription of certain controlled substances.
NRS 631.317 - Regulations concerning intraoral tasks and other practices.
NRS 631.335 - Inactive or other nonpracticing status of license; reinstatement.
NRS 631.340 - Restoration of license.
NRS 631.342 - Continuing education: Required courses and training; regulations.
NRS 631.3425 - Continuing education: Requirements for dental therapists.
NRS 631.343 - Persons exempt from requirement of continuing education.
NRS 631.345 - Fees; regulations.
NRS 631.3457 - Revocation of state business license for certain violations.
NRS 631.366 - Enforcement of subpoena by district court.
NRS 631.375 - Identification of removable dental appliances by name or social security number.
NRS 631.378 - Immunity from civil liability.
NRS 631.389 - Limitation on fees for covered services in certain circumstances.
NRS 631.395 - Acts constituting illegal practice of dentistry, dental hygiene or dental therapy.
NRS 631.396 - Inspection of premises by Board.
NRS 631.400 - Prohibited acts; penalties; injunctive relief.