This text of Nevada § 631.34583 (Bona fide relationship with patient required before use of teledentistry authorized; actions required before providing services through teledentistry; requirements for informed consent) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Except as otherwise provided in this subsection, a licensee must establish a bona fide relationship, as defined by regulation of the Board, with a patient before providing services to the patient through teledentistry. A licensee may establish such a relationship through teledentistry only:
(a)For the purpose of emergent care;
(b)In connection with a public health program; or
(c)To make an initial diagnosis of a malposition of teeth and a determination of the need for an orthodontic appliance. Such an initial diagnosis and determination must be confirmed through an in-person visit before the patient begins using the orthodontic appliance.
2. Before providing services to a patient through teledentistry, a licensee shall:
(a)Confirm the identity of the patient;
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1. Except as otherwise provided in this subsection, a licensee must establish a bona fide relationship, as defined by regulation of the Board, with a patient before providing services to the patient through teledentistry. A licensee may establish such a relationship through teledentistry only:
(a) For the purpose of emergent care;
(b) In connection with a public health program; or
(c) To make an initial diagnosis of a malposition of teeth and a determination of the need for an orthodontic appliance. Such an initial diagnosis and determination must be confirmed through an in-person visit before the patient begins using the orthodontic appliance.
2. Before providing services to a patient through teledentistry, a licensee shall:
(a) Confirm the identity of the patient;
(b) If the patient is a minor who is not authorized by law to consent to the services, confirm that the parent or legal guardian of the patient is present;
(c) Confirm that the patient is located in a jurisdiction where the licensee is licensed or otherwise authorized to practice and document the location of the patient in the record of the patient;
(d) Obtain:
(1) Informed verbal or written consent that meets the requirements of subsection 4 from a patient who is an adult or a minor authorized by law to provide consent; or
(2) Informed written consent that meets the requirements of subsection 4 from the parent or guardian of a patient who is a minor and is not authorized by law to provide consent; and
(e) Document the informed consent provided pursuant to paragraph (d) in the record of the patient.
3. Before providing services through teledentistry and upon the request of a patient to whom services are provided through teledentistry, a licensee or any partnership, corporation or other entity through which a licensee provides services shall make available to the patient proof of the identity of the licensee, the telephone number of the licensee, the address at which the licensee practices, the license number of the licensee and any other relevant information concerning the qualifications of the licensee and any other licensee who will be involved in providing the services through teledentistry.
4. Informed consent to the provision of services through teledentistry requires the patient or his or her parent or guardian, as applicable, to be informed of:
(a) The types of services that will be provided through teledentistry and any limitations on the provision of those services through teledentistry;
(b) The information prescribed by subsection 3 for each licensee who will provide services through teledentistry;
(c) Precautions that will be taken in the event of a technological failure or an emergency; and
(d) Any other information prescribed by regulation of the Board.
5. As used in this section:
(a) “Emergent care” means treatment of pain, infection or any other intraoral or perioral condition which presents immediate harm to the well-being of the patient and for which treatment cannot be postponed.
(b) “Public health program” means a program approved by the Board or any program administered by:
(1) The Department of Health and Human Services;
(2) A health district; or
(3) A school district.