2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-10 - Powers and duties of the board and committee.

In addition to any other authority provided by law, the board and the committee, when designated, shall:
A. enforce and administer the provisions of the Dental Health Care Act and the Dental Amalgam Waste Reduction Act [61-5C-1 to 61-5C-6 NMSA 1978];
B. promulgate in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], all rules as necessary to:
(1) regulate the examination and licensure of dentists and dental therapists and, through the committee, regulate the examination and licensure of dental hygienists;
(2) provide for the examination and certification of dental assistants by the board;
(3) provide for the regulation of dental technicians by the board;
(4) regulate the practice of dentistry, dental therapy and dental assisting and, through the committee, regulate the practice of dental hygiene; and
(5) provide for the regulation and licensure of non-dentist owners by the board;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses and others appearing before the board or the committee, as appropriate;
E. keep an accurate record of all meetings, receipts and disbursements;
F. grant, deny, review, suspend and revoke licenses and certificates to practice dentistry, dental therapy, dental assisting and, through the committee, dental hygiene and censure, reprimand, fine and place on probation and stipulation dentists, dental therapists, dental assistants and, through the committee, dental hygienists, in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any cause stated in the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;
G. grant, deny, review, suspend and revoke licenses to own dental practices and censure, reprimand, fine and place on probation and stipulation non-dentist owners, in accordance with the Uniform Licensing Act, for any cause stated in the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;
H. maintain records of the name, address, license number and such other demographic data as may serve the needs of the board of licensees, together with a record of license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines. The board shall make available composite reports of demographic data but shall limit public access to information regarding individuals to their names, addresses, license numbers and license actions or as required by statute;
I. hire and contract for services from persons as necessary to carry out the board's duties;
J. establish ad hoc committees whose members shall be appointed by the chair with the advice and consent of the board or committee and shall include at least one member of the board or committee as it deems necessary for carrying on its business;
K. have the authority to pay per diem and mileage to persons who are appointed by the board or the committee to serve on ad hoc committees;
L. have the authority to hire or contract with investigators to investigate possible violations of the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;
M. have the authority to issue investigative subpoenas prior to the issuance of a notice of contemplated action for the purpose of investigating complaints against dentists, dental therapists, dental assistants and, through the committee, dental hygienists licensed under the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;
N. have the authority to sue or be sued and to retain the services of an attorney at law for counsel and representation regarding the carrying out of the board's duties;
O. have the authority to create and maintain a formulary, in consultation with the board of pharmacy, of medications that a dental therapist or dental hygienist may prescribe, administer or dispense in accordance with rules the board has promulgated; and
P. establish continuing education or continued competency requirements for dentists, dental therapists, certified dental assistants in expanded functions, dental technicians and, through the committee, dental hygienists.
History:
Laws 1994, ch. 55, § 10; 2003, ch. 408, § 6; 2003, ch. 409, § 8; 2011, ch. 113, § 8; 2013, ch. 206, § 7; 2019, ch. 107, § 3; 2022, ch. 39, § 26.
ANNOTATIONS
Cross references.
— For effect of regulations adopted under former Dental Act,
see
61-5A-28 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, removed a provision requiring the New Mexico board of dental health care to adopt, publish, file and revise rules in accordance with the Uniform Licensing Act, leaving in place a requirement that the board promulgate rules in accordance with the State Rules Act; and in Subsection B, deleted "adopt, publish, file and revise, in accordance with the Uniform Licensing Act and", and added "promulgate in accordance with", and after "all rules as", deleted "may be".
The 2019 amendment,
effective June 14, 2019, required the New Mexico board of dental health care to regulate the examination and licensure of dental therapists, regulate the practice of dental therapy, enforce provisions of the Dental Health Care Act and the Dental Amalgam Waste Reduction Act as it relates to dental therapy, establish continuing education or continued competency requirements for dental therapists, authorized the board to investigate complaints against dental therapists, and authorized the board to create and maintain a formulary, in consultation with the board of pharmacy, of medications that a dental therapist may prescribe, administer or dispense; in Subsection B, Paragraph B(1), after "licensure of dentists", added "and dental therapists", in Paragraph B(4), after "practice of dentistry", added "dental therapy"; in Subsection F, after "practice dentistry", added "dental therapy", and after "stipulation dentists", added "dental therapists"; in Subsection M, after "against dentists", added "dental therapists"; in Subsection O, after "medications that a", added "dental therapist or"; and in Subsection P, after "requirements for dentists", added "dental therapists".
The 2013 amendment,
effective June 14, 2013, provided for the enforcement of the Dental Amalgam Waste Reduction Act by the board and committee; in Subsections A, F, G, L and M after "Dental Health Care Act" added "and the Dental Amalgam Waste Reduction Act".
The 2011 amendment,
effective June 17, 2011, authorized the board to obtain services necessary to perform the board's duties, to sue and be sued, to retain attorneys and to maintain a formulary that dental hygienists may administer.
The 2003 amendment,
effective June 20, 2003, deleted "and regulations" following "all rules" near the end of Subsection B; added Paragraph B(5); added present Subsection G and redesignated the subsequent subsections accordingly; rewrote present Subsection H; and inserted "and shall include at least one member of the board or committee" preceding "as it deems necessary" near the end of present Subsection J.
Employment of attorney.
— The state board of dental examiners (now the board of dental health care) was specifically authorized, under former dental act, to employ and pay an attorney from funds appropriated to it in order to assist in prosecutions to prevent unauthorized practice of dentistry. 1937 Op. Att'y Gen. No. 37-1763.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 45.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 22 to 24.