reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-13.2 - Dental therapy; scope of practice; supervision.

A. A dental therapist shall provide care in accordance with a dental therapy practice agreement; provided that the dental therapy practice agreement is limited to:
(1) the following activities performed under general supervision:
(a) oral evaluation and assessment of dental disease;
(b) formulation of an individualized treatment plan as authorized by a supervising dentist;
(c) place and shape direct restorations without mechanical preparation;
(d) impressions for single-tooth removable prosthesis;
(e) temporary cementation;
(f) atraumatic restorative therapy;
(g) temporary and sedative restorations;
(h) extraction of primary teeth without radiological evidence of roots;
(i) palliative treatments;
(j) fabrication and placement of temporary crowns;
(k) recementation of permanent crowns;
(l) removal and nonsurgical placement of space maintainers;
(m) repairs and adjustments to prostheses;
(n) tissue conditioning;
(o) administration of analgesics, anti-inflammatory substances and antibiotics that a supervising dentist orders; and
(p) other closely related procedures that the board authorizes through rules it has adopted and promulgated; and
(2) the following activities that a dental therapist performs under indirect supervision or, if the dental therapist has completed a dental therapy post-graduate clinical experience, under general supervision:
(a) preparation and direct restoration of cavities in primary and permanent teeth; and
(b) fitting, shaping and cementing of stainless steel crowns on teeth prepared by a dentist.
B. A dental therapist may treat a patient prior to a dentist's examination or diagnosis, subject to a dental therapy practice agreement.
History:
Laws 2019, ch. 107, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 107, § 19 made Laws 2019, ch. 107, § 9 effective June 14, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-13.3 - Dental therapy; practice environments.

A. A dental therapist shall practice only in the following environments:
(1) a nonprofit community dental organization;
(2) a health facility operated by the federal Indian health service;
(3) a health facility that a tribe operates under Section 638 of the federal Indian Self-Determination and Education Assistance Act;
(4) a federally qualified health center;
(5) a facility certified by the federal centers for medicare and medicaid services as a "federally qualified health center look-alike" facility;
(6) a private residence or a facility in which an individual receives long-term community-based services under the state's medicaid program;
(7) a long-term care facility;
(8) a private residence, when exclusively to treat an individual who, due to disease, disability or condition, is unable to receive care in a dental facility; or
(9) an educational institution engaged in the training of dental therapists accredited by the commission on dental accreditation.
B. The provisions of this section shall not be construed to prohibit, restrict or impose state licensure or regulatory requirements or obligations on the practice of dental therapy:
(1) on tribal lands; or
(2) by a dental therapist who is employed by a tribal health program, a federal Indian health program or a federally operated Indian health service health care site.
History:
Laws 2019, ch. 107, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 107, § 19 made Laws 2019, ch. 107, § 9 effective June 14, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-15 - Content of licenses and certificates; display of licenses and certificates.

A. All dental licenses issued by the board shall bear:
(1) a serial number;
(2) the full name of the licensee;
(3) the date of issue;
(4) the seal of the board;
(5) if the license is a specialty license, the specialty to which practice is limited;
(6) the signatures of a majority of the board members; and
(7) the attestation of the board president and secretary.
B. All dental therapy licenses issued by the board shall bear:
(1) a serial number;
(2) the full name of the licensee;
(3) the date of issue;
(4) the seal of the board;
(5) the signatures of a majority of the board members; and
(6) the attestation of the board president and secretary.
C. All dental hygienist licenses issued by the board shall bear:
(1) a serial number;
(2) the full name of the licensee;
(3) the date of issue;
(4) the seal of the board;
(5) the signatures of a majority of the committee members; and
(6) the attestation of the board president and secretary.
D. Certificates issued to dental assistants shall bear:
(1) a serial number;
(2) the full name of the assistant;
(3) the date of issue;
(4) the date of expiration;
(5) the expanded functions certified to perform; and
(6) the attestation of the board secretary.
E. All licenses and certificates shall be displayed in a conspicuous place in the office where the holder practices. The license or certificate shall, upon request, be exhibited to any of the members of the board, the committee or its authorized agent.
History:
Laws 1994, ch. 55, § 15; 2019, ch. 107, § 4.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, listed the required contents of a dental therapy license; in the section heading, deleted "license; renewal; retire license" and added "licenses and certificates"; and added a new Subsection B and redesignated the succeeding subsections accordingly.
State's legitimate interest in licensing persons to practice dentistry
or dental hygiene is to assure that the individual is competent. 1980 Op. Att'y Gen. No. 80-20.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality, construction and application of statute relating to dental hygienists, 11 A.L.R.2d 724.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 7, 19, 20.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-18 - Practicing without a license; penalty.

A. Any person who practices dentistry or who attempts to practice dentistry without first complying with the provisions of the Dental Health Care Act and without being the holder of a license entitling the practitioner to practice dentistry in New Mexico is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] to imprisonment for a definite period not to exceed eighteen months and, in the discretion of the sentencing court, to a fine not to exceed five thousand dollars ($5,000), or both. Each occurrence of practicing dentistry or attempting to practice dentistry without complying with the Dental Health Care Act shall be a separate violation.
B. Any person who practices as a dental hygienist or who attempts to practice as a dental hygienist without first complying with the provisions of the Dental Health Care Act and without being the holder of a license entitling the practitioner to practice as a dental hygienist in New Mexico is guilty of a misdemeanor and upon conviction shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite period less than one year and, in the discretion of the sentencing court, to a fine not to exceed one thousand dollars ($1,000), or both. Each occurrence of practicing as a dental hygienist or attempting to practice as a dental hygienist without complying with the Dental Health Care Act shall be a separate violation.
C. A person that functions or attempts to function as a non-dentist owner or who is an officer of a corporate entity that functions or attempts to function as a non-dentist owner in New Mexico without first complying with the provisions of the Dental Health Care Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of the Criminal Sentencing Act to imprisonment for a definite period not to exceed one year and, in the discretion of the sentencing court, to a fine not to exceed one thousand dollars ($1,000), or both. Each occurrence of functioning as a non-dentist owner without complying with the Dental Health Care Act shall be a separate violation.
D. The attorney general or district attorney shall prosecute all violations of the Dental Health Care Act.
E. Upon conviction of any person for violation of any provision of the Dental Health Care Act, the convicting court may, in addition to the penalty provided in this section, enjoin the person from any further or continued violations of the Dental Health Care Act and enforce the order of contempt proceedings.
History:
Laws 1994, ch. 55, § 18; 2003, ch. 409, § 15.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "less than" for "not to exceed" following "for a definite period" near the middle of Subsection B; and added present Subsection C and redesignated the subsequent subsections accordingly.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-20 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the board and the committee shall establish a schedule of reasonable fees not to exceed the following:
Dentists
Dental Hygienists
A.
licensure by examination
$1,500
$1,000
B.
licensure by credential
$3,000
$1,500
C.
specialty license by examination
$1,500
D.
specialty license by credential
$3,000
E.
temporary license
48 hours
$ 50
$ 50
six months
$ 300
$ 200
12 months
$ 450
$ 300
F.
application for certification in local anesthesia
$ 40
G.
examination in local anesthesia
$ 150
H.
triennial license renewal
$ 600
$ 450
I.
late renewal
$ 100
$ 100
J.
reinstatement of license
$ 450
$ 300
K.
administrative fees
$ 300
$ 300
L.
impaired dentist or dental hygienist
$ 150
$ 75
M.
assistant, expanded-function dental auxiliary or community dental health coordinator certificate
$ 100
N.
application for certification for collaborative practice
$ 150
O.
annual renewal for collaborative practice
$ 50
P.
application for inactive status
$ 50
$ 50
Q.
triennial renewal of inactive license
$ 90
$ 90
Non-dentist Owners
R.
non-dentist owners license (initial)
$ 300
S.
non-dentist owners license triennial renewal
$ 150
Dental Therapists
T.
dental therapist license (initial)
$1,000
U.
dental therapist license triennial renewal
$ 300.
History:
Laws 1994, ch. 55, § 20; 2003, ch. 409, § 16; 2011, ch. 113, § 12; 2019, ch. 107, § 7; 2020, ch. 6, § 13.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in the introductory clause, and added "Except as provided in Section 61-1-34 NMSA 1978".
The 2019 amendment,
effective June 14, 2019, provided a schedule of fees for dental therapy licenses and license renewals; after Subsection S, added the heading "Dental Therapists", and added new Subsections T and U.
The 2011 amendment,
effective June 17, 2011, imposed a fee for expanded-function dental auxiliary and community dental health coordinator certificates.
The 2003 amendment,
effective June 20, 2003, substituted "600" for "450" and "450" for "300" in Subsection H; substituted "300" for "200" and "300" for "200" in Subsection K; and added Subsections N through S.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-22 - Anesthesia administration.

A. The board shall establish rules or regulations pertaining to the administration of nitrous oxide analgesia, conscious sedation, deep sedation and general anesthesia by dentists.
B. The board or its agent may evaluate credentials, facilities, equipment, personnel and procedures prior to issuing permits to allow the administration of agents that are utilized in providing analgesia, sedation or general anesthesia and may re-evaluate the same at its discretion.
C. The board may suspend or revoke the license of any dentist who fails to comply with anesthesia related rules or regulations of the board.
History:
Laws 1994, ch. 55, § 22.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-23 - Reporting of settlements and judgments; professional review actions; immunity from civil damages.

A. All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a dental malpractice action or claim, all hospitals, all health care entities and all professional review bodies shall report to the board all payments relating to malpractice actions or claims arising in New Mexico and all appropriate professional review actions of licensees.
B. No hospitals, health care entities, insurance carriers or professional review bodies required to report under this section, which provide such information in good faith, shall be subject to suit for civil damages as a result thereof.
C. Any hospital, health care entity, insurance carrier or professional review body failing to comply with the reporting requirements established in this section shall be subject to a civil penalty not to exceed two thousand dollars ($2,000).
History:
Laws 1994, ch. 55, § 23.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-24 - Injunction to stop unlicensed dental or dental hygiene practice.

A. The attorney general, district attorney, the board, the committee or any citizen of any county where any person practices dentistry or dental hygiene without possessing a valid license to do so may, in accordance with the laws of New Mexico governing injunctions, maintain an action in the name of the state. To enjoin such person from practicing dentistry or dental hygiene until a valid license to practice dentistry or dental hygiene is secured and any person who has been enjoined who violates the injunction shall be punished for contempt of court, provided that the injunction does not relieve any person practicing dentistry or dental hygiene without a valid license from a criminal prosecution therefore as provided by law.
B. In charging any person in a complaint for injunction, or in an affidavit, information or indictment with practicing dentistry or dental hygiene without a valid license, it is sufficient to charge that the person did, upon a certain day and in a certain county, engage in the practice of dentistry or dental hygiene without a valid license, without averring any further or more particular facts concerning the same.
History:
Laws 1994, ch. 55, § 24.
ANNOTATIONS
Cross references.
— For injunctions generally,
see
Rules 1-065 and 1-066 NMRA.
Dentists may form a professional corporation
for the practice of dentistry so long as the name of the corporation contains all of the names of the members of the professional corporation plus the words "professional corporation" or some other word or abbreviation of a word authorized by the Professional Corporations Act. 1969 Op. Att'y Gen. No. 69-63.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 87.
Unlicensed dentist's right to recover for services, 30 A.L.R. 860, 42 A.L.R. 1226, 118 A.L.R. 646.
Right of one licensed as a regular physician to practice dentistry, 86 A.L.R. 624.
Corporation or individual not himself licensed, right 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 § 57.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-25 - Protected actions and communications.

A. No member of the board or the committee or any ad hoc committee appointed by the board or the committee shall bear liability or be subject to civil damages or criminal prosecutions for any action undertaken or performed within the proper functions of the board or the committee.
B. All written and oral communication made by any person to the board or the committee relating to actual or potential disciplinary action, which includes complaints made to the board or the committee, shall be confidential communications and are not public records for the purposes of the Public Records Act [Chapter 14, Article 3 NMSA 1978]. All data, communications and information acquired, prepared or disseminated by the board or the committee relating to actual or potential disciplinary action or its investigation of complaints shall not be disclosed except to the extent necessary to carry out the purposes of the board or the committee or in a judicial appeal from the actions of the board or the committee or in a referral of cases made to law enforcement agencies, national database clearinghouses or other licensing boards.
C. Information contained in complaint files is public information and subject to disclosure when the board or the committee acts on a complaint and issues a notice of contemplated action or reaches a settlement prior to the issuance of a notice of contemplated action.
D. No person or legal entity providing information to the board or the committee, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.
History:
Laws 1994, ch. 55, § 25; 2003, ch. 409, § 18.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, added "or in a referral of cases made to law enforcement agencies, national database clearinghouses or other licensing boards" following "or the committee" at the end of Subsection B; and added "or reaches a settlement prior to the issuance of a notice of contemplated action" following "contemplated action" at the end of Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-26 - Fund established.

A. There is created in the state treasury the "board of dental health care fund".
B. All money received by the board and money collected under the Dental Health Care Act shall be deposited with the state treasurer. The state treasurer shall credit this money to the board of dental health care fund except money collected for the impaired assessment, which shall be held separate from the board fund. Fees collected by the board from fines shall be deposited in the board of dental health care fund and, at the discretion of the board and the committee, may be transferred into the impaired dentists and dental hygienists fund.
C. Payment out of the board of dental health care fund shall be on vouchers issued and signed by the secretary-treasurer of the board upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.
D. Except as provided in Paragraph (7) of Subsection C of Section 3 of this 2017 act, all amounts paid into the board of dental health care fund are subject to the order of the board and are to be used only for meeting necessary expenses incurred in executing the provisions and duties of the Dental Health Care Act. All money unused at the end of any fiscal year shall remain in the fund for use in accordance with provisions of the Dental Health Care Act.
E. All funds that have accumulated to the credit of the board under any previous law shall be continued for use by the board in administration of the Dental Health Care Act.
History:
Laws 1994, ch. 55, § 26; 2003, ch. 409, § 19; 2017 (1st S.S.), ch. 1, § 8.
ANNOTATIONS
Compiler's notes.
— "Paragraph (7) of Subsection C of Section 3 of this 2017 act", referred to in Subsection D of this section, was a fifty thousand dollar ($50,000) transfer from the board of dental health care fund to the fiscal year 2017 appropriation account of the general fund.
The 2017 (1st S.S.) amendment,
effective May 26, 2017, authorized the transfer of funds from the board of dental health care fund to the fiscal year 2017 appropriation account of the general fund; in Subsection D, after the subsection designation, added "Except as provided in Paragraph (7) of Subsection C of Section 3 of this 2017 act".
The 2003 amendment,
effective June 20, 2003, inserted "of dental health care" following "money to the board" near the middle of the second sentence of Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-27 - Criminal Offender Employment Act.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Dental Health Care Act.
History:
Laws 1994, ch. 55, § 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-28 - Temporary provision.

Until revised, rescinded or modified by the board or committee, regulations adopted under the Dental Act shall remain in effect upon enactment of the Dental Health Care Act and be enforced by the board or the committee.
History:
Laws 1994, ch. 55, § 28.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-29 - Licensure or certification under prior law.

A. Any person licensed as a dentist or hygienist under any prior laws of this state, whose license is valid on the effective date of the Dental Health Care Act, is held to be licensed under the Dental Health Care Act and is entitled to renewal of his license as provided in that act.
B. Any person certified under any prior laws of this state, whose certificate is valid on the effective date of the Dental Health Care Act, is held to be certified under the Dental Health Care Act and is entitled to renewal of his certificate as provided in that act.
History:
Laws 1994, ch. 55, § 29.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5A - Dental Health Care › Section 61-5A-30 - Repealed.

History:
Laws 1994, ch. 55, § 42; 1997, ch. 46, § 5; 2003, ch. 409, § 20; 2003, ch. 428, § 4; 2009, ch. 96, § 4; 2015, ch. 119, § 4; repealed by Laws 2023, ch. 15, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 15, § 8 repealed 61-5A-30 NMSA 1978, as enacted by Laws 1994, ch. 55, § 42, relating to termination of agency life, delayed repeal, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-1 - Short title. (Repealed effective July 1, 2024.)

Sections 31 [30] through 41 [61-5B-1 to 61-5B-11 NMSA 1978] of this act shall be cited as the "Impaired Dentists and Dental Hygienists Act".
History:
Laws 1994, ch. 55, § 30.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Notwithstanding the language "Sections 31 through 41 of this act," the Impaired Dentists and Dental Hygienists Act includes Laws 1994, ch. 55, § 30, compiled as 61-5B-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-2 - Definitions. (Repealed effective July 1, 2024.)

As used in the Impaired Dentists and Dental Hygienists Act:
A. "board" means the New Mexico board of dental health care;
B. "dental hygienists committee" means the New Mexico dental hygienists committee;
C. "dentistry or dental hygiene" means the practice of dentistry or dental hygiene; and
D. "licensee" means a dentist or dental hygienist licensed by the board.
History:
Laws 1994, ch. 55, § 31; 2003, ch. 409, § 21.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, deleted "of the New Mexico board of dental health care" following "dental hygienists committee" at the end of Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-3 - Grounds for restriction, suspension, revocation, stipulation or other limitation of license. (Repealed effective July 1, 2024.)

The license of any dentist or dental hygienist to practice dentistry or dental hygiene in this state shall be subject to restriction, suspension, revocation, stipulation or may otherwise be limited in case of inability of the licensee to practice with reasonable skill and safety to patients by reason of one or more of the following:
A. mental illness;
B. physical illness, including but not limited to deterioration through the aging process or loss of motor skills;
C. habitual or excessive use or abuse of drugs, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]; or
D. habitual or excessive use or abuse of alcohol.
History:
Laws 1994, ch. 55, § 32.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Rights as to notice and hearing in proceeding to revoke or suspend license to practice medicine, 10 A.L.R.5th 1.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-4 - Board or dental hygienists committee; additional powers and duties as related to the Impaired Dentists and Dental Hygienists Act. (Repealed effective July 1, 2024.)

A. If the board or dental hygienists committee has reasonable cause to believe that a person licensed to practice dentistry or dental hygiene is unable to practice with reasonable skill and safety to patients because of a condition described in the Impaired Dentists and Dental Hygienists Act, the board shall cause an examination of such licensee to be made and shall, following the examination, take appropriate action within the provisions of the Impaired Dentists and Dental Hygienists Act.
B. Examination of a licensee pursuant to an order of the board shall be conducted by an examining committee designated by the board. Each examining committee shall be composed of two duly licensed dentists or two duly licensed dental hygienists if the licensee is a dental hygienist and two duly licensed physicians, one of whom shall be a psychiatrist who is knowledgeable and experienced in the field of chemical dependency if a question of mental illness or dependency is involved. Whenever possible, examining committee members shall be selected for their knowledge or experience in the areas of alcoholism, chemical dependency, mental health and geriatrics and may be rehabilitated impaired dentists, dental hygienists or physicians. In designating the members of such examining committee, the board may consider nominations from the New Mexico dental association for the dentist member, the New Mexico dental hygienists' association for dental hygiene members thereof and nomination from the New Mexico medical society for the physician members thereof. No current members of the board, dental hygienists committee or New Mexico board of medical examiners [New Mexico medical board] shall be designated as a member of an examining committee.
History:
Laws 1994, ch. 55, § 33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-5 - Examination by committee. (Repealed effective July 1, 2024.)

A. The examining committee assigned to examine a licensee pursuant to referral by the board shall conduct an examination of the licensee for the purpose of determining the fitness of the licensee to practice dentistry or dental hygiene with reasonable skill and safety to patients, either on a restricted or unrestricted basis, and shall report its findings and recommendations to the board. The findings and recommendations shall be based on findings by the examining committee that the licensee examined possesses one or more of the impairments set forth in the Impaired Dentists and Dental Hygienists Act and such impairment does, in fact, affect the ability of the licensee to skillfully and safely practice dentistry or dental hygiene. The examining committee shall order the licensee to appear before it for hearing and give the licensee fifteen days notice of time and place of the hearing, together with a statement of the cause for such examination. The notice shall be served upon the licensee either personally or by registered or certified mail with return receipt requested.
B. If the examining committee, in its discretion, deems a mental or physical examination of the licensee necessary to its determination of the fitness of the licensee to practice, the examining committee shall order the licensee to submit to such examination. Any person licensed to practice dentistry or dental hygiene in this state shall, by so practicing or by making or filing an annual registration to practice dentistry or dental hygiene in this state, be deemed to have:
(1) given consent to submit to mental or physical examination when so directed by the examining committee; and
(2) waived all objections to the admissibility of the report of the examining committee to the board or the dental hygienists committee on the grounds of privileged communication.
C. Any licensee who submits to a diagnostic mental or physical examination as ordered by the examining committee shall have a right to designate an accompanying individual to be present at the examination and make an independent report to the board.
D. Failure of a licensee to comply with an examining committee order under Subsection B of this section to appear before it for hearing or to submit to mental or physical examination under this section shall be reported by the examining committee to the board or dental hygienists committee and, unless due to circumstances beyond the control of the licensee, shall be grounds for the immediate and summary suspension by the board of the licensee to practice dentistry or dental hygiene in this state until further order of the board.
History:
Laws 1994, ch. 55, § 34.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-6 - Voluntary restriction of licensure. (Repealed effective July 1, 2024.)

A. A licensee may request in writing to the board a restriction to practice under his existing license, and the board and the dental hygienists committee shall have authority, if it deems appropriate, to attach stipulations to the licensure of the licensee to practice dentistry or dental hygiene within specified limitations and waive the commencement of any proceeding. Removal of a voluntary restriction on licensure to practice dentistry or dental hygiene shall be subject to the procedure for reinstatement of license. As a condition for accepting such voluntary limitation of practice, the board may require each licensee to:
(1) agree to and accept care, counseling or treatment of physicians or other appropriate health care providers acceptable to the board;
(2) participate in a program of education prescribed by the board; or
(3) practice under the direction of a dentist acceptable to the board for a specified period of time.
B. Subject to the provisions of the Impaired Dentists and Dental Hygienists Act, a violation of any of the conditions of the voluntary limitation of practice statement by such licensee shall be due cause for the refusal of renewal, or the suspension or revocation, of the license by the board.
History:
Laws 1994, ch. 55, § 35.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-7 - Report to the board or dental hygienists committee; action. (Repealed effective July 1, 2024.)

A. The examining committee shall report to the board or the dental hygienists committee its findings on the examination of the licensee, the determination of the examining committee as to the fitness of the licensee to engage in the practice of dentistry or dental hygiene with reasonable skill and safety to patients, either on a restricted or unrestricted basis, and any intervention that the examining committee may recommend. Such recommendation by the examining committee shall be advisory only and shall not be binding on the board.
B. The board or dental hygienists committee may accept or reject the recommendation of the examining committee to permit a licensee to continue to practice with or without any restriction on his licensure to practice dentistry or dental hygiene or may refer the matter back to the examining committee for further examination and report thereon.
C. In the absence of a voluntary agreement by a licensee for restriction of the licensure of the dentist or the dental hygienist to practice dentistry or dental hygiene, any licensee shall be entitled to a hearing before the board under and in accordance with the procedure contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and a determination on the evidence as to whether or not restriction, suspension or revocation of licensure shall be imposed.
History:
Laws 1994, ch. 55, § 36.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-8 - Proceedings. (Repealed effective July 1, 2024.)

A. The board may formally proceed against a licensee under the Impaired Dentists and Dental Hygienists Act in accordance with the procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
B. When the licensee being considered for action is a dental hygienist, the board shall act upon recommendation of the dental hygienists committee on all aspects of procedures in the Impaired Dentists and Dental Hygienists Act.
C. At the conclusion of the hearing, the board or the dental hygienists committee shall make the following findings:
(1) whether or not the licensee is impaired by one of the grounds for restriction, suspension or revocation listed herein;
(2) whether or not such impairment does in fact limit the ability of the licensee to practice dentistry or dental hygiene skillfully and safely;
(3) to what extent such impairment limits the ability of the licensee to practice dentistry or dental hygiene skillfully and safely and whether the board or dental hygienists committee finds that such impairment is such that the license should be suspended, revoked or restricted in the licensee's practice of dentistry or dental hygiene; and
(4) if the finding recommends suspension or restriction of the ability of the licensee to practice dentistry or dental hygiene, then the board shall make specific recommendations as to the length and nature of the suspension or restriction and shall recommend how such suspension or restriction shall be carried out and supervised.
D. At the conclusion of the hearing, the board or the dental hygienists committee shall make a determination of the merits and may order one or more of the following:
(1) placement of the licensee on probation on such terms and conditions as it deems proper for the protection of the public;
(2) suspension or restriction of the license of the licensee to practice dentistry or dental hygiene for the duration of the licensee's impairment;
(3) revocation of the license of the licensee to practice dentistry or dental hygiene; or
(4) reinstatement of the license of the licensee to practice dentistry or dental hygiene without restriction.
E. The board may temporarily suspend the license of any licensee without a hearing, simultaneously with the institution of proceedings under the Uniform Licensing Act, if it finds that the evidence in support of the determination of the examining committee is clear and convincing and that continuation in practice would constitute an imminent danger to public health and safety.
F. Neither the record of the proceeding nor any order entered against a licensee may be used against the licensee in any other legal proceeding except upon judicial review.
History:
Laws 1994, ch. 55, § 37.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-9 - Reinstatement of license. (Repealed effective July 1, 2024.)

A. A licensee whose licensure has been restricted, suspended or revoked under the Impaired Dentists and Dental Hygienists Act, voluntarily or by action of the board, shall have a right at reasonable intervals to petition for reinstatement of the license and to demonstrate that the licensee can resume the competent practice of dentistry or dental hygiene with reasonable skill and safety to patients.
B. The petition shall be made in writing. If the licensee is a dental hygienist, the dental hygienists committee shall be advised and given all information so that their recommendation can be given to the board.
C. Action of the board on the petition shall be initiated by referral to and examination by the examining committee.
D. The board may, in its discretion, upon written recommendation of the examining committee, restore the licensure of the licensee on a general or limited basis.
History:
Laws 1994, ch. 55, § 38.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-10 - Impaired dentists and dental hygienists treatment program. (Repealed effective July 1, 2024.)

A. The board has the authority to enter into an agreement with a nonprofit corporation to implement an impaired dentists and dental hygienists treatment program.
B. For the purposes of this section, "impaired dentists and dental hygienists treatment program" means a program of care and rehabilitation services provided by those organizations authorized by the board to provide for the detention, intervention and monitoring of an impaired dentist or dental hygienist.
History:
Laws 1994, ch. 55, § 39.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5B - Impaired Dentists and Dental Hygienists › Section 61-5B-11 - Impaired dentists and dental hygienists fund created. (Repealed effective July 1, 2024.)

A. There is created an "impaired dentists and dental hygienist fund".
B. The fund shall be initially established by an assessment to all licensees as determined by the board and the dental hygienists committee.
C. All funds received by the board for an impaired assessment, either special or at time of relicensure, shall be deposited with the state treasurer. The state treasurer shall credit this money to the impaired dentists and dental hygienists fund.
D. Payments out of the fund shall be on vouchers issued and signed by the secretary-treasurer of the board upon warrants drawn by the department of finance and administration in accordance with the responsibilities of the board as approved by that department.
E. All amounts paid into the fund are subject to the order of the board and are to be used only for meeting necessary expenses incurred in executing the provisions and duties of the Impaired Dentists and Dental Hygienists Act. All money unused at the end of any fiscal year shall remain in the fund for use in accordance with provisions of the Impaired Dentists and Dental Hygienists Act.
F. Licensees shall be assessed an impaired fee at the time of renewal. The amount of the fee shall be determined by the board and the committee and shall be established to meet the need for enforcing the Impaired Dentists and Dental Hygienists Act.
G. The fund shall be used for the purpose of administration, testing, monitoring, hearings and consultation fees by the board or dental hygienists committee or their agent, which are necessary to enforce the Impaired Dentists and Dental Hygienists Act. It is not the purpose of the fund to pay for treatment of impaired dentists and dental hygienists.
History:
Laws 1994, ch. 55, § 40.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-5A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5C - Dental Amalgam Waste Reduction › Section 61-5C-1 - Short title.

Sections 1 through 6 [61-5C-1 to 61-5C-6 NMSA 1978] of this act may be cited as the "Dental Amalgam Waste Reduction Act".
History:
Laws 2013, ch. 206, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5C - Dental Amalgam Waste Reduction › Section 61-5C-2 - Definitions.

As used in the Dental Amalgam Waste Reduction Act:
A. "amalgam" means a dental restorative material that is typically composed of mercury, silver, tin and copper, along with other metallic elements, and that is used by a dentist to restore a cavity in a tooth;
B. "amalgam separator" means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system and that meets a minimum removal efficiency in accordance with international standards contained in
ISO 11143, Dental Equipment-Amalgam Separators
, published by the international organization for standardization; and
C. "dental office" means a fixed physical structure in which dental services are provided to patients by dentists and dental professionals licensed or certified by the New Mexico board of dental health care under the management of a licensed owner, operator or designee.
History:
Laws 2013, ch. 206, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5C - Dental Amalgam Waste Reduction › Section 61-5C-3 - Installation of amalgam separator required.

By December 31, 2014, a dental office shall install an appropriately sized amalgam separator system and, upon inspection for cause, shall demonstrate to the New Mexico board of dental health care proper installation, operation, maintenance and amalgam waste recycling or disposal in accordance with an amalgam separator manufacturer's recommendations. The New Mexico board of dental health care shall consider noncompliance with the Dental Amalgam Waste Reduction Act as unprofessional conduct subject to the penalties and discipline of the board pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and the Dental Health Care Act [Chapter 61, Article 5A NMSA 1978].
History:
Laws 2013, ch. 206, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5C - Dental Amalgam Waste Reduction › Section 61-5C-4 - Exemption for certain dental offices.

An amalgam separator system shall not be required for the offices or clinical site of:
A. a dental office that is not engaged in amalgam placement, removal or modification;
B. an orthodontist;
C. a periodontist;
D. an oral maxillofacial surgeon;
E. an oral maxillofacial radiologist;
F. an oral pathologist; or
G. a portable dental office without a fixed connection for wastewater discharge.
History:
Laws 2013, ch. 206, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5C - Dental Amalgam Waste Reduction › Section 61-5C-5 - Reporting.

A dental office shall report the model and size of its amalgam separator system within ninety days of installation to its local publicly owned water treatment facility, where applicable, and to the New Mexico board of dental health care. A dental office shall report its compliance and maintain records of the operation, maintenance and recycling or disposal of amalgam waste for every consecutive three-year period following the installation of its amalgam separator system and shall report the information upon request for cause to the New Mexico board of dental health care. The New Mexico board of dental health care shall retain the reported information for review coincident with the board's licensing and renewal functions.
History:
Laws 2013, ch. 206, § 5.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 5C - Dental Amalgam Waste Reduction › Section 61-5C-6 - Enforcement.

The New Mexico board of dental health care shall initiate disciplinary proceedings for willful and persistent noncompliance with the provisions of the Dental Amalgam Waste Reduction Act.
History:
Laws 2013, ch. 206, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.