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EDITORIAL: A case of excessive decay on the Nevada Board of Dental Examiners

Updated November 1, 2019 - 4:23 pm

Critics argue that state licensing boards too often function as protectionist bastions of insularity and cronyism, more focused on enabling entrenched interests than on promoting consumer health and safety. The Nevada Board of Dental Examiners stands as Exhibit A for such assertions.

Four months after a scathing legislative audit concluded that the dental board had few controls on how it handled complaints against Nevada dentists, RJ investigative reporter Arthur Kane this week presented a series painting a disturbing picture of a rogue regulatory panel that operates with little concern for dental patients and with no regard for accountability.

Gov. Steve Sisolak and state lawmakers should pay heed.

Mr. Kane found that the board has abdicated its primary function of policing the profession. “Records show the board almost never revokes or suspends licenses,” Mr. Kane reported, noting the panel has suspended only four licenses in the past six years. In addition, “nearly half the board’s members have been accused of unethical behavior by patients or state officials, but they continue to serve the agency charged with protecting patients.”

Members of the 11-member board — dominated by dental professionals and appointed by the governor — failed to return calls. The panel’s attorney ended an interview with, “I’m not discussing any dentists.” This evasion reflects the board’s disdain for transparency.

Mr. Kane reported that the body regularly violates the state’s open meeting law and has even sought to punish members of the public who attend meetings to complain. A 2017 audit found that staff enacted new procedures for reviewing and investigating complaints “without board oversight, public disclosure or formal administrative procedures.” The board’s clear default setting is secrecy and confidentiality, which benefits bad dentists but is anathema to protecting patients.

Lawmakers should no longer turn a blind eye to this mess. During the 2021 session, they should revamp the panel’s makeup to include more members from outside the dental profession and fewer insiders eager to shelter their cohorts. Legislation to ensure the dental board operates amid public scrutiny is also overdue. While dentists accused of malpractice deserve due process, patients also deserve access to information regarding discipline.

In the meantime, Gov. Sisolak and Attorney General Aaron Ford can act immediately. Mr. Ford should investigate the dental board’s repeated violations of state open meeting statutes, and Gov. Sisolak should get out the broom when it comes to board members and staff. The situation demands invasive surgery, not cosmetic touch-ups.

Nevada patients deserve to have confidence that complaints against dentists are being taken seriously and properly investigated. That won’t happen absent prompt and significant change.

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