New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 30 - DENTAL HYGIENISTS, DISCIPLINARY PROCEEDINGS, LICENSE REVOCATION OR SUSPENSION FOR DISCIPLINARY ACTIONS › Section 16.5.30.10 - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The committee shall define the following as guidelines for
				  disciplinary action.
A.
"Gross
				incompetence" or "gross negligence"
means, but shall not be limited to,
				a significant departure from the prevailing standard of care in patient
				treatment.
B.
"Unprofessional
				conduct"
means, but is not limited to because of enumeration:
(1) performing, or holding oneself out as
				able to perform, professional services beyond the scope of one's license and
				field or fields of competence as established by education, experience,
				training, or any combination thereof; this includes, but is not limited to, the
				use of any instrument or device in a manner that is not in accordance with the
				customary standards and practices of the dental hygiene profession;
(2) failure to advise the patient in simple
				understandable terms of the treatment rendered, the expectations for success,
				and the responsibility the patient must assume;
(3) failure to inform dentist or patient of
				periodontal assessment;
(4) failure
				to provide patient education of oral health care regimens which assist in
				maintaining good oral health throughout life;
(5) sexual misconduct;
(6) failure to use appropriate infection
				control techniques and sterilization procedures;
(7) breach of ethical standards, an inquiry
				into which the committee will begin by reference to the most recent version of
				the American dental hygienists association's code of ethics;
(8) fraud, deceit or misrepresentation in any
				application;
(9) violation of any
				order of the committee, and ratified by the board, including any probation
				order;
(10) injudicious
				administration of any drug or medicine;
(11) failure to report to the committee or
				board any adverse action taken by any licensing board, peer review body,
				malpractice insurance carrier or any other entity as defined by the board or
				committee, the surrender of a license to practice in another state, surrender
				of membership on any medical staff or in any dental hygiene or professional
				association or society, in lieu of, and while under disciplinary investigation
				by any authority;
(12) deliberate
				and willful failure to reveal, at the request of the committee, the
				incompetent, dishonest, or corrupt practices of a dentist or dental hygienist
				licensed or applying for licensure by the committee or board; and
(13) cheating on an examination for
				licensure;
(14) failure of a dental
				hygienist to comply with advertising rules in 16.5.1.29 NMAC;
(15) failure of a collaborative practice
				dental hygienists to refer a patient for dental care; or
(16) failure of a collaborative practice
				dental hygienist to comply with the terms of a signed collaborative practice
				agreement;
(17) failure of a
				collaborative practice dental hygienist to professionally and effectively
				communicate with a patients dentist of record, or consulting dentist, in a
				professional manner in regard to a shared patient's care under 16.5.17 NMAC of
				these rules;
(18) failure of a
				collaborative dental hygienist to comply with the advertisement rules as
				defined in 16.5.1.29 NMAC;
(19)
				failure to practice dental hygiene under the name of a corporation, company,
				association, limited liability company, or trade name without full and outward
				disclosure of his/her full name, which shall be the name used in his/her
				license or renewal certificate as issued by the board;
(20) failure to practice dental collaborative
				hygiene without displaying his/her full name as it appears on the license
				issued by the board on the entrance door of each office;
(21) assisting a health professional, or be
				assisted by a health professional that is not licensed to practice by a New
				Mexico board, agency or commission;
(22) conviction of either a misdemeanor or a
				felony punishable by incarceration;
(23) aiding and abetting a dental auxiliary
				who is not properly certified;
(24)
				patient abandonment;
(25)
				habitually addicted as defined in Paragraph (4) & (6) of Subsection A of
				Section 61.5A-21 and Subsections C and D of Section 61.5B-3 NMSA 1978 habitual
				or excessive use or abuse of drugs, as defined in the Controlled Substances
				Act, Section
				30-31-1
				NMSA 1978 or habitual or excessive use or abuse of alcohol;
(26) failure of the licensee to furnish the
				committee within 10 business days of request; its investigators or
				representatives with information requested by the committee, and ratified by
				the board;
(27) failure to appear
				before the board when requested by the committee, and ratified by the board, in
				any disciplinary proceeding; and
(28) failure to be in compliance with the
				Parental Responsibility Act Section
				40-5A-3
				seq., NMSA1978.