2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-21 - Disciplinary proceedings; application of Uniform Licensing Act.

A. In accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and rules of the board, the board and, as relates to dental hygienist licensure, committee may fine and may deny, revoke, suspend, stipulate or otherwise limit any license or certificate, including those of licensed non-dentist owners, held or applied for under the Dental Health Care Act, upon findings by the board or the committee that the licensee, certificate holder or applicant:
(1) is guilty of fraud or deceit in procuring or attempting to procure a license or certificate;
(2) has been convicted of a crime punishable by incarceration in a federal prison or state penitentiary; provided a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of such conviction;
(3) is guilty of gross incompetence or gross negligence, as defined by rules of the board, in the practice of dentistry, dental therapy, dental hygiene or dental assisting;
(4) is habitually intemperate or is addicted to the use of habit-forming drugs or is addicted to any vice to such degree as to render the licensee unfit to practice;
(5) is guilty of unprofessional conduct as defined by rule;
(6) is guilty of any violation of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978];
(7) has violated any provisions of the Dental Health Care Act or rule or regulation of the board or, as relates to the practice of dental hygiene, the committee;
(8) is guilty of willfully or negligently practicing beyond the scope of licensure;
(9) is guilty of practicing dentistry, dental therapy or dental hygiene without a license or aiding or abetting the practice of dentistry, dental therapy or dental hygiene by a person not licensed under the Dental Health Care Act;
(10) is guilty of obtaining or attempting to obtain any fee by fraud or misrepresentation or has otherwise acted in a manner or by conduct likely to deceive, defraud or harm the public;
(11) is guilty of patient abandonment;
(12) is guilty of failing to report to the board any adverse action taken against the licensee by a licensing authority, peer review body, malpractice insurance carrier or other entity as defined in rules of the board and the committee;
(13) has had a license, certificate or registration to practice as a dentist, dental therapist or dental hygienist revoked, suspended, denied, stipulated or otherwise limited in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this subsection. A certified copy of the decision of the jurisdiction taking such disciplinary action will be conclusive evidence; or
(14) has failed to furnish the board, its investigators or its representatives with information requested by the board or the committee in the course of an official investigation.
B. Disciplinary proceedings may be instituted by sworn complaint by any person, including a board or committee member, and shall conform with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
C. Licensees and certificate holders shall bear the costs of disciplinary proceedings unless exonerated.
D. Any person filing a sworn complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.
E. Licensees whose licenses are in a probationary status shall pay reasonable expenses for maintaining probationary status, including laboratory costs when laboratory testing of biological fluids or accounting costs when audits are included as a condition of probation.
F. A dentist, dental hygienist or dental therapist practicing teledentistry is subject to the provisions of this section.
History:
Laws 1994, ch. 55, § 21; 2003, ch. 409, § 17; 2019, ch. 107, § 8; 2021, ch. 63, § 2.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, clarified that a dentist, dental hygienist or dental therapist practicing teledentistry is subject to disciplinary proceedings pertaining to licensure; and added Subsection F.
The 2019 amendment,
effective June 14, 2019, included dental therapists within the provisions regarding disciplinary proceedings, and specified that dental hygienists are under the governance of the New Mexico dental hygienists committee; and in Subsection A, in the introductory clause, after "the board and" added "as it relates to dental hygienist licensure", in Paragraph A(3), after "the practice of dentistry", added "dental therapy", in Paragraph A(7), after "regulation of the board or", added "as relates to the practice of dental hygiene", in Paragraph A(9), after "practice of dentistry", added "dental therapy", and in Paragraph A(13), after "practice as a dentist", added "dental therapist".
The 2003 amendment,
effective June 20, 2003, deleted "judicial review" following "Disciplinary proceedings" in the section heading; deleted "and regulations" following "rules" throughout the section; inserted "including those of licensed non-dentist owners" following "license or certificate" near the middle of Subsection A; substituted "rules" for "regulations" following "as defined by" near the middle of Paragraph A(3); deleted "or regulation" following "defined by rule" at the end of Paragraph A(5); substituted "licensure" for "practice" following "beyond the scope of" at the end of Paragraph A(8); and substituted "of the board and the committee" for "and regulations" following "defined in rules" at the end of Paragraph A(12).
Burden of proof for suspension of license.
— The standard of proof utilized by the former board of dentistry in determining that a dentist's license should be suspended was a preponderance of the evidence.
Foster v. Board of Dentistry
, 1986-NMSC-009, 103 N.M. 776, 714 P.2d 580.
Conviction as sufficient basis for revocation.
— Since a dentist was convicted of four counts of making or permitting a false claim for reimbursement for public assistance services, a conviction itself, as distinguished from the underlying conduct, is a sufficient basis for revoking a dental license.
Weiss v. N.M. Bd. of Dentistry
, 1990-NMSC-077, 110 N.M. 574, 798 P.2d 175.
Standard for use of conviction to revoke license.
— In order for a conviction to be used as a basis for a license revocation, the licensing agency must explicitly state its reasons for a decision prohibiting the licensee from engaging in his or her employment or profession, and the agency must find that the licensee has not been sufficiently rehabilitated to warrant the public trust and must give reasons for this finding.
Weiss v. N.M. Bd. of Dentistry
, 1990-NMSC-077, 110 N.M. 574, 798 P.2d 175.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 100, 102, 106, 107.
Validity of statute providing for revocation of license, 5 A.L.R. 94, 79 A.L.R. 323.
Grounds for revocation of license, 54 A.L.R. 1504, 82 A.L.R. 1184.
Restoration of license wrongfully revoked, 95 A.L.R. 1424.
Moral turpitude, what offenses involve, within statute providing grounds for denying license, 109 A.L.R. 1459.
Conviction, what amounts to, within statute making conviction ground for refusing to grant license, 113 A.L.R. 1179.
Statutory power to revoke or suspend dentist's license for "unprofessional conduct" as exercisable without antecedent adoption of regulation as to what shall constitute such conduct, 163 A.L.R. 909.
Revocability of license for fraud or other misconduct before or at the time of its issuance, 165 A.L.R. 1138.
Conviction as proof of ground for revocation or suspension of dentist's license where a conviction as such is not an independent cause, 167 A.L.R. 228.
Governing law as to existence or character of offense for which one has been convicted in a federal court, or court of another state, as bearing upon disqualification to practice as dentist, 175 A.L.R. 803.
Bias of members of license revocation board, 97 A.L.R.2d 1210.
Physician's or other healer's conduct, or conviction of offense, not directly related to medical practice, as ground for disciplinary action, 34 A.L.R.4th 609.
Physician's or other healer's conduct in connection with defense of or resistance to malpractice action as ground for revocation of license or other disciplinary action, 44 A.L.R.4th 248.
Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.
Filing of false insurance claims for medical services as ground for disciplinary action against dentist, physician, or other medical practitioner, 70 A.L.R.4th 132.
Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon, or dentist, 74 A.L.R.4th 969.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 38 to 43.