Nevada Board of Dental Examiners Adopt Regulation to Improve Consumer Complaint and Investigation Processes

The Board of Dental Examiners of Nevada (“Board”) has adopted a regulation that improves the agency’s complaint review and investigative processes.  The new regulation, now in effect, provides a clear roadmap for board officials to resolve consumer complaints in a timely and transparent manner.

According to Executive Director A.L. Higginbotham, “Our goal with this regulation is to enhance public and provider trust by delivering a process that is thorough, fair and timely. By redacting personally identifiable information during the complaint review process, we are fostering impartiality and ensuring fairness for both consumers and dental professionals.”  

The regulation comes after concerns about the agency’s complaint and investigative processes were identified during a prior Governor’s Finance Office internal audit which recommended that the board strengthen its oversight role to help ensure the health, safety and welfare of the public and to ensure board activities are transparent. 

Under the new regulation, received complaints filed against any person who practices dentistry, dental hygiene, dental therapy or expanded function dental assistance in Nevada will be reviewed by the board’s attorney within 30 days to determine jurisdiction and validity. Personally identifiable information of the licensed dental professional contained within the complaint and accompanying documents are redacted during initial review, investigation and expert evaluation to ensure impartiality and prevent perceived bias.  

Valid complaints, those that contain allegations that if proven would constitute grounds for initiating disciplinary action, are forwarded to the executive director to assign an investigator. Complaints lacking jurisdiction or sufficient evidence are recommended for dismissal.  

A copy of the complaint is provided to the dental provider, giving them an opportunity to submit a written response and relevant records within 30 days to directly address the allegations.

Investigators may consult with experts to obtain written opinions regarding whether the alleged conduct falls below the standard of care. At the conclusion of the investigation, the case is forwarded to a review panel which operates independently from investigators and experts. The panel may recommend dismissal, informal resolution or a hearing.

If a formal hearing is recommended, a hearing panel of three board members will review findings and consider evidence. Decisions are reached by a vote of the majority.

The regulation also limits the scope of the investigation to the original allegations and board protocols provide a mechanism for timely reporting of complaint outcomes and findings to all parties involved to enhance the public and provider’s trust in the boards’ process.

About the Nevada Office of Boards Commissions and Councils Standards (BCCS) 

The Nevada Office of Boards, Commissions and Councils Standards (BCCS), established by SB431 during the 2023 Legislative session, was given statutory oversight of 37 professional and occupational licensing boards including establishing centralized administration and uniform standards, upholding transparency and consumer protection, and ensuring operational efficiencies.

About the Nevada State Board of Dental Examiners 

The mission of the Nevada State Board of Dental Examiners is to protect the dental health interest of Nevadans by developing and maintaining programs to ensure that only qualified professionals are licensed to practice dentistry and dental hygiene, and to protect the public by enforcing the laws and regulations governing the dental profession in Nevada. 

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