2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-5 - License required; exemptions.

A. Unless licensed to practice as a dentist under the Dental Health Care Act, no person shall:
(1) practice dentistry;
(2) use the title "dentist", "dental surgeon", "oral surgeon" or any other title, abbreviation, letters, figures, signs or devices that indicate the person is a licensed dentist; or
(3) perform any of the acts enumerated under the definition of the practice of dentistry as defined in the Dental Health Care Act.
B. The following, under the stipulations described, may practice dentistry or an area of dentistry without a New Mexico dental license:
(1) regularly licensed physicians or surgeons are not prohibited from extracting teeth or treating any disease coming within the province of the practice of medicine;
(2) New Mexico licensed dental hygienists and community dental health coordinators may provide those services within their scope of practice that are also within the scope of the practice of dentistry;
(3) any dental student duly enrolled in an accredited school of dentistry recognized by the board, while engaged in educational programs offered by the school in private offices, public clinics or educational institutions within the state of New Mexico under the indirect supervision of a licensed dentist;
(4) any dental hygiene or dental assisting student duly enrolled in an accredited school of dental hygiene or dental assisting engaged in procedures within or outside the scope of dental hygiene that are part of the curriculum of that program in the school setting and under the indirect supervision of a faculty member of the accredited program who is a licensed dentist, dental hygienist or dental assistant certified in the procedures being taught;
(5) unlicensed persons performing for a licensed dentist merely mechanical work upon inert matter in the construction, making, alteration or repairing of any artificial dental substitute, dental restorative or corrective appliance, when the casts or impressions for the work have been furnished by a licensed dentist and where the work is prescribed by a dentist pursuant to a written authorization by that dentist;
(6) commissioned dental officers of the uniformed forces of the United States and dentists providing services to the United States public health service, the United States department of veterans affairs or within federally controlled facilities in the discharge of their official duties; provided that such persons who hold dental licenses in New Mexico shall be subject to the provisions of the Dental Health Care Act;
(7) dental assistants performing adjunctive services to the provision of dental care, under the indirect supervision of a dentist, as determined by rule of the board if such services are not within the practice of dental hygiene as specifically listed in Subsection B of Section 61-5A-4 NMSA 1978, unless allowed in Subsection F of this section;
(8) a dental therapy student or graduate of a dental therapy educational program enrolled in a board-approved program while engaged in an educational program offered by the dental therapy educational program or dental therapy post-graduate clinical experience in a private office, public clinic or educational institution within the state of New Mexico under the indirect supervision of a licensed dentist; and
(9) a dental therapist who is licensed in New Mexico working under the supervision of a dentist and performing the procedures in accordance with the provisions of Section 9 of this 2019 act.
C. Unless licensed to practice as a dental therapist under the Dental Health Care Act, no person shall:
(1) practice as a dental therapist;
(2) use the title, abbreviation "D.T.", letters, figures, signs or devices that indicate the person is a licensed dental therapist; or
(3) perform any of the acts defined as the practice of dental therapy in the Dental Health Care Act.
D. Unless licensed to practice as a dental hygienist under the Dental Health Care Act, no person shall:
(1) practice as a dental hygienist;
(2) use the title "dental hygienist" or abbreviation "R.D.H." or any other title, abbreviation, letters, figures, signs or devices that indicate the person is a licensed dental hygienist; or
(3) perform any of the acts defined as the practice of dental hygiene in the Dental Health Care Act.
E. The following, under the stipulations described, may practice dental hygiene or the area of dental hygiene outlined without a New Mexico dental hygiene license:
(1) students enrolled in an accredited dental hygiene program engaged in procedures that are part of the curriculum of that program and under the indirect supervision of a licensed faculty member of the accredited program;
(2) dental assistants and community dental health coordinators working under general supervision who:
(a) expose dental radiographs after being certified in expanded functions by the board;
(b) perform rubber cup coronal polishing, which is not represented as a prophylaxis, having satisfied the educational requirements as established by rules of the board;
(c) apply fluorides as established by rules of the board; and
(d) perform those other dental hygienist functions as recommended to the board by the committee and set forth by rule of the board; and
(3) dental assistants certified in expanded functions, working under the indirect supervision of a dental hygienist certified for collaborative practice and under the protocols established in a collaborative practice agreement with a consulting dentist.
F. Dental assistants working under the indirect supervision of a dentist and in accordance with the rules and regulations established by the board may:
(1) expose dental radiographs;
(2) perform rubber cup coronal polishing that is not represented as a prophylaxis;
(3) apply fluoride and pit and fissure sealants without mechanical alteration of the tooth;
(4) perform those other dental hygienist functions as recommended to the board by the committee and set forth by rule of the board; and
(5) perform such other related functions that are not expressly prohibited by statute or rules of the board.
G. A community dental health coordinator working under the general supervision of a dentist and in accordance with the rules established by the board may:
(1) place temporary and sedative restorative material in unexcavated carious lesions and unprepared tooth fractures;
(2) collect and transmit diagnostic data and images via telemetric connection;
(3) dispense and apply medications on the specific order of a dentist;
(4) provide limited palliative procedures for dental emergencies in consultation with a supervising dentist as allowed by the rules the board has promulgated; and
(5) perform other related functions for which the community dental health coordinator meets training and educational standards established by the board and that are not expressly prohibited by statute or rules promulgated by the board.
H. Unless licensed as a dentist or non-dentist owner, or as otherwise exempt from the licensing requirements of the Dental Health Care Act, no individual or corporate entity shall:
(1) employ or contract with a dentist or dental hygienist for the purpose of providing dental or dental hygiene services as defined by their respective scopes of practice; or
(2) enter into a managed care or other agreement to provide dental or dental hygiene services in New Mexico.
I. The following, under stipulations described, may function as a non-dentist owner without a New Mexico license:
(1) government agencies providing dental services within affiliated facilities;
(2) government agencies engaged in providing public health measures to prevent dental disease;
(3) spouses of deceased licensed dentists or dental hygienists for a period of one year following the death of the licensee;
(4) accredited schools of dentistry, dental hygiene and dental assisting providing dental services solely in an educational setting;
(5) dental hygienists licensed in New Mexico or corporate entities with a majority interest owned by a dental hygienist licensed in New Mexico;
(6) federally qualified health centers, as designated by the United States department of health and human services, providing dental services;
(7) nonprofit community dental organizations; and
(8) hospitals licensed by the department of health.
History:
Laws 1994, ch. 55, § 5; 2003, ch. 409, § 4; 2011, ch. 113, § 6; 2019, ch. 107, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, required licensure to practice as a dental therapist, and allowed certain dental therapists licensed in New Mexico and certain dental therapy students or graduates of a dental therapy educational program to practice dentistry or an area of dentistry without a New Mexico dental license under certain conditions; in Subsection B, added Paragraphs B(8) and B(9); added a new Subsection C and redesignated former Subsections C through H as Subsections D through I; and in Subsection I, Paragraph I(7), after "nonprofit", deleted "community-based entities and" and added "community dental", and after "organizations", deleted "that use public funds to provide dental and dental hygiene services for indigent persons".
Temporary provisions.
— Laws 2019, ch. 107, § 17 provided that the department of health shall conduct an outcome report on the first five years of dental therapy practice in the state pursuant to this 2019 act. At a date five years following the date of the first issuance of a license to practice dental therapy in the state, the department of health shall consult with the New Mexico board of dental health care, the New Mexico dental hygienists' association and the New Mexico dental association to compile and issue a report to the legislative health and human services committee of the department's findings and recommendations regarding dental therapy, including:
A. its efficacy, effectiveness and cost;
B. its impact on access to dental health care;
C. the distribution of dental therapists statewide;
D. demographic representation among dental therapists;
E. issues related to supervision of dental therapists and their scope of practice;
F. evaluation of services delivered under indirect supervision; and
G. evaluation of services delivered under general supervision for recommendation to indirect supervision.
The 2011 amendment,
effective June 17, 2011, authorized community dental health coordinators to provide dental services within their scope of practice without a dental license and to perform specified dental hygiene functions under general supervision without a dental hygiene license and added Subsection F to authorize community dental health coordinators working under supervision to perform specified functions.
The 2003 amendment,
effective June 20, 2003, rewrote Paragraph B(4); added Paragraph B(7); in Paragraph C(3) substituted "defined as" for "enumerated under the definition of" following "any of the acts" near the beginning and deleted "as defined" following "dental hygiene" near the end; substituted "hygiene" for "hygienist" following "New Mexico dental" near the end of Subsection D; added present Paragraph D(3); and added Subsections E, F and G.
Actions by unlicensed assistants held to be unlawful practice of dentistry.
— Unlicensed assistants performing such dental services as taking impressions and adjusting dentures constitutes the unlawful practice of dentistry.
Family Dental Ctr. v. N.M. Bd. of Dentistry
, 1982-NMSC-020, 97 N.M. 464, 641 P.2d 495.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 26.
Entrapment to commit offense of practicing dentistry without license, 18 A.L.R. 186, 66 A.L.R. 478, 86 A.L.R. 263.
Unlicensed dentist's right to recover for services, 30 A.L.R. 860, 42 A.L.R. 1226, 118 A.L.R. 646.
Kind or character of treatment which may be given by one licensed as dentist, 86 A.L.R. 625.
Corporation or individual not himself licensed, right of, to practice dentistry through licensed employees, 103 A.L.R. 1240.
Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice dentistry from owning, maintaining or operating an office therefor, 20 A.L.R.2d 808.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 7, 12, 16.