The Lento Law Firm Defends Nevada Dentists
Dentists have much to appreciate about practice in Nevada. The state has a beautiful natural environment with plenty of outdoor recreation. It is also among the nation's best locations for culture, entertainment, and the arts. The year-round sunshine, civic pride, and substantial growth add to the state's attraction for healthcare and other professionals. Nevada also has substantial metropolitan and suburban population centers in Las Vegas, Henderson, North Las Vegas, Reno, Enterprise, Spring Valley, Sunrise Manor, and other locales, where a dentist can build and maintain a thriving professional practice. You did well in choosing Nevada as your home for a dental practice.
Yet you face the same or similar professional challenges in Nevada as you would in other states. In particular, Nevada regulates dentistry under a State Board of Dental Examiners authorized by the state's Dental Practice Act, much like other states. The State Board can pursue your license if it believes that you committed misconduct. Professional disciplinary charges obviously raise serious risks for your Nevada dental practice. Make the right move. Retain the Lento Law Firm's premier Professional License Defense Team to help you address and defend Nevada disciplinary charges. Our Defense Team is available whether you are in Omaha, Lincoln, Bellevue, Grand Island, Kearney, or any other Nevada location. Call 888.535.3686 or chat with us now for Nevada dentist disciplinary defense.
Nevada State Board of Dental Examiners Licensure
You need a license from Nevada's State Board of Dental Examiners to practice dentistry in the state. Section 631.215 of Nevada's Dental Practice Act defines the practice of dentistry broadly. You know the many acts that dentists perform, beyond the scope of the limited practice of a dental hygienist. Section 631.220 requires that you apply to the Board for a dental license, showing that you meet the Board's education and examination requirements. Section 631.230 requires that you also show good moral character. Only the State Board of Dental Examiners has the authority to license you for dental practice in the state. Regulation of dentistry is state by state, not national. If you fail to maintain your Nevada dental license, you won't practice dentistry in the state.
Nationwide Stakes to Nevada Disciplinary Charges
Nevada recognizes licensure by endorsement of credentials from another state. You may have gained your Nevada licensure without having to take the dental examination and prove your dental education and good professional character, because you already had a dental license in another state. Whether you earned your Nevada license by examination or the simpler route of endorsement, you have the right to take your Nevada license to another reciprocating state for its endorsement. Licensure by endorsement saves you from having to retake the dental examination, prove your education and good character, and incur the time, trouble, and expense of licensing all over again. Reciprocity is a boon to your ability to move about the nation for your best personal and professional interests.
If, on the other hand, you suffer discipline in Nevada due to disqualifying conduct, then you will likely not obtain licensure in another state by endorsement. You may not even succeed in establishing your credentials all over again as an initial licensee. Your discipline in Nevada may prove to license officials in your destination state that you are not qualified for dental practice in that state. And you won't be able to hide your Nevada discipline. Your license application in the other state will require you to disclose discipline. If you do not do so, license officials in that other state can search online for your discipline and deny you a license simply for refusing to disclose as the application requires. Your Nevada licensing proceeding has nationwide stakes for you. Thus, face the charges now rather than having them affect you later.
Nevada State Board of Dental Examiners Disciplinary Authority
The Nevada State Board of Dental Examiners has the authority not only to license you but also to discipline you if you fail to continue to meet the Board's standards. Your dental practice is in a highly regulated professional environment. Section 621.350 of Nevada's Dental Practice Act authorizes the Board to suspend or revoke your dental license for violating any Board rule or standard, engaging in any illegal practice, or committing any unprofessional conduct. The Board adopted Nevada Admin. Code Section 631.230 articulating further grounds for discipline. The following administrative code Sections 631.240, 631.250, and 631.255 authorize complaints, investigations, and hearings on disciplinary charges. The Board has plenty of authority to notify you that it is considering suspending or revoking your dental license.
Nevada State Board of Dental Examiners Disciplinary Actions
Nevada's State Board of Dental Examiners has not only the disciplinary authority but also the budget and personnel to investigate disciplinary complaints and determine discipline. When you receive notice that the Board is investigating a complaint against you, the officials who issue that notice and conduct the investigation are enforcement professionals. They know what they are doing. The actions they take are to protect the public and patients, not to protect your dental license. Do not assume that they have your interests at heart, even if they purport to advise and counsel you. Instead, retain our Defense Team to get the advice and representation you need to level the playing field. If you have no representation, then you are at a distinct disadvantage already.
Nevada Board of Dental Examiners Disciplinary Discretion
Section 621.350 of Nevada's Dental Practice Act authorizes the State Board of Dental Examiners to impose any one or more of several different forms of discipline. The list of potential discipline is long and daunting. Do not doubt the Board's authority to do pretty much as it wishes with your license. The Board's discipline may include:
- refusing to issue a license;
- revoking or suspending a license;
- fining a licensee;
- placing a licensee on probation for a specified period on any conditions the Board may order;
- issuing a public reprimand;
- limiting a licensee's practice to certain branches of dentistry;
- requiring a licensee to participate in a program relating to an alcohol or other substance use disorder or any other impairment;
- requiring supervision of a licensee's practice;
- requiring a licensee to perform community service without compensation;
- requiring a licensee to take a physical or mental examination or an examination of competence;
- requiring a licensee to fulfill certain training or educational requirements; and
- requiring a licensee to reimburse a patient.
Nevada State Board of Dental Examiners Consent Resolution
Section 621.350's broad discretion, while daunting, may work in your favor. Our Defense Team may be able to communicate, advocate, and negotiate with Nevada State Board of Dental Examiners officials for alternative relief short of license suspension or revocation. You may benefit from remedial education or training, medical examination and treatment, or other counseling, evaluation, and care. Or your apology and assurances may be enough for the Board to impose a private reprimand or simply to dismiss the matter, especially if you can show mitigating and extenuating circumstances that you have overcome and corrected. Let our Defense Team help you negotiate a consent resolution. Don't enter into a consent resolution without our review so that you do not mistakenly relinquish or lose your license to onerous and unnecessary terms and conditions.
Nevada State Board of Dental Examiners Disciplinary Grounds
Section 621.350 of Nevada's Dental Practice Act only lists three general grounds for discipline: violating any Board rule or standard, engaging in any illegal practice, or committing any unprofessional conduct. Nevada Admin. Code Section 631.230 articulates those broad grounds into more than a dozen specific grounds. Consider the following summary, examples, and potential defenses.
Incompetence as Grounds for Nevada Dentist Discipline
Section 631.230 authorizes discipline for “the consistent use of dental procedures, services or treatments which constitute a departure from prevailing standards of acceptable dental practice even though the use does not constitute malpractice or gross malpractice.” Examples may include unnecessary procedures, procedures performed on the wrong patient or tooth, and dangerous procedures using the wrong tools, methods, materials, or medications. Defense may involve proving that you were not responsible for the alleged wrong or retaining a defense expert to testify that the care was within the bounds of your professional judgment.
Substance Misuse or Abuse as Grounds for Nevada Dentist Discipline
Section 631.230 authorizes discipline for “writing prescriptions for controlled substances in such excessive amounts as to constitute a departure from prevailing standards of acceptable dental practice” or “the acquisition of any controlled substances from any pharmacy or other source by misrepresentation, fraud, deception or subterfuge.” Other states commonly impose discipline for dental practice under the influence of intoxicants or for substance addictions. Defense may involve proving that you were not impaired, that any apparent impairment was due to mental stress or prescription drug reaction, or that you are enrolling in a professional assistance program. Do not enter into a consent agreement for drug counseling and treatment without our review, or you may inadvertently relinquish your license.
Misuse of Anesthesia as Grounds for Nevada Dentist Discipline
Section 631.230 authorizes discipline for several different forms of anesthesia violation, including leaving a patient unattended, anesthetizing multiple patients without one on one monitoring, or failing to use a pulse oximeter or similar device to monitor anesthesia and recovery. The defense may involve showing that monitoring was present or discrediting the allegations as false or exaggerated.
Unauthorized Practice as Grounds for Nevada Dentist Discipline
Section 631.230 authorizes discipline for several forms of unauthorized practice, including employing a dental hygienist or other person to perform services reserved for licensed dentists, and employing a dentist whose license officials have suspended or whose license expired. The defense may involve showing that the individual did not perform dental services, that all services were within the scope of limited licensure, or that you were reasonably unaware of the practice despite reasonable supervision.
Credentials Fraud as Grounds for Nevada Dentist Discipline
Credentials fraud is another common ground for discipline. Credentials fraud may take the form of misrepresenting one's educational credentials, cheating on the licensing exam, or concealing prior discipline or criminal convictions on a license application or renewal request. The defense may involve showing that your statements were accurate and complete or that any errors or omissions were innocent rather than intentionally deceptive and that you were qualified despite any errors or omissions, making them non-material.
Other Grounds for Nevada Dentist Discipline
Other disciplinary grounds may include impaired practice due to physical or mental disability or disease. Defense of impaired practice charges may involve showing that the impairment did not affect dental practice, was of limited duration, and has abated under treatment. False or deceptive advertising or promises of a cure or a painless procedure can be another disciplinary charge. The defense may involve showing that all statements were true, that you did not make the alleged misstatements, and that the complaining witness is mistaken or fabricating the allegation in retaliation. Criminal convictions are another common disciplinary ground when relating to dental practice and indicating unfitness.
Nevada State Board of Dental Examiners Disciplinary Procedures
States must generally provide due process of law when depriving a professional of a property or liberty interest in a professional license. Nevada's Dental Practice Act and the State Board of Dental Examiners' administrative rules do not provide substantial detail on administrative procedures. Administrative Code Sections 631.240, 631.250, and 631.255 merely provide for complaint, notice, investigation, and a recorded hearing. But constitutional protections ensure your right to fair notice, an impartial decision maker at a formal hearing, and your right to retain our Defense Team to cross-examine witnesses while presenting your own defense witnesses. Appeals are also available. Let us help, even if you have already lost your disciplinary case. You may have an appeal or court relief available to you.
Premier Nevada Dentist Disciplinary Defense
The Lento Law Firm's premier Professional License Defense Team is available to represent you in Nevada State Board of Dental Examiners disciplinary proceedings. Our team is available in Omaha, Lincoln, Bellevue, Grand Island, Kearney, or any other Nevada location. Trust our Defense Team to help you, like we have helped hundreds of professionals nationwide defend and defeat disciplinary charges. Call 888.535.3686 or chat with us now for skilled Nevada dentist disciplinary defense.
