2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-17 - Retirement and inactive status; reactivation.

A. A licensee who wishes to retire from practice shall meet all requirements for retirement as set by rules of the board, and, if the licensee is a dental hygienist, the committee. The licensee shall notify the board or the committee in writing before the expiration of the licensee's current license, and the secretary of the board or the committee shall acknowledge the receipt of notice and record it. If, within a period of three years from the date of retirement, the licensee wishes to resume practice, the applicant shall notify the board or the committee in writing and give proof of completing all requirements as prescribed by rules of the board and the committee to reactivate the license.
B. At any time during the three-year period following retirement, a licensee with a retired New Mexico license may request in writing to the board or the committee that the licensee's license be placed in inactive status. Upon the receipt of the application and fees as determined by the board or the committee and with the approval of the board or the committee, the license may be placed in inactive status.
C. A licensee whose license has been placed in inactive status may not engage in any of the activities contained within the scope of practice of dentistry, dental therapy or dental hygiene in New Mexico described in the Dental Health Care Act.
D. Licensees with inactive licenses must renew their licenses triennially and comply with all the requirements set by the board and, if the licensee is a dental hygienist, by the committee.
E. If a licensee with an inactive license wishes to resume active practice, the licensee must notify the board or, if the licensee is a dental hygienist, the committee, in writing and provide proof of completion of all requirements to reactivate the license as prescribed by rule of the board or the committee. Upon payment of all fees due, the board may reactivate the license and the licensee may resume practice subject to any stipulations of the board or the committee.
F. Inactive licenses must be reactivated or permanently retired within nine years of having been placed in inactive status.
G. Assessment of fees pursuant to this section is not subject to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
Laws 1994, ch. 55, § 17; 2003, ch. 409, § 14; 2019, ch. 107, § 5.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, included dental therapy within the provisions related to retirement and inactive status for licensees, and specified that the New Mexico dental hygienists committee governs the practice of dental hygiene; in Subsection A, deleted "Any dentist or dental hygienist" and added "A licensee", after "retire from practice", deleted "of dentistry or dental hygiene", after "rules of the board, and", added "if the licensee is a dental hygienist", and after "date of retirement, the", deleted "dentist or dental hygienist" and added "licensee"; in Subsection B, after "following retirement, a", deleted "dentist or dental hygienist" and added "licensee", in Subsection C, after "practice of dentistry", added "dental therapy", and after "described in", deleted "Section 61-5A-4" and added "the Dental Health Care Act"; in Subsection D, after "set by the board and," added "if the licensee is a dental hygienist, by"; and in Subsection E, after "active practice", deleted "of dentistry or dental hygiene", after "notify the board or", added "if the licensee is a dental hygienist", and after "may resume practice", deleted "of dentistry or dental hygiene".
The 2003 amendment,
effective June 20, 2003, inserted the Subsection A designation and added Subsections B through G; in Subsection A, substituted "of the board and the committee" for "and regulation" following "as set by rules" near the beginning, substituted "licensee's" for "practitioner's" near the middle, substituted "three years" for "five years" following "within a period of" near the middle, and substituted "of the board and the committee" for "and regulations" following "as prescribed by rules" near the end.