New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 16 - DENTISTS, DISCIPLINARY PROCEEDINGS, LICENSE REVOCATION OR SUSPENSION FOR DISCIPLINARY ACTIONS › Section 16.5.16.10 - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall use 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 treating
				patients.
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 profession;
(2) failure to refer a patient, after
				emergency treatment, to his/her regular dentist and inform the latter of the
				conditions found and treated;
(3)
				failure to release to a patient copy of that patient's records and x-rays
				within 15 business days regardless whether patient has an outstanding
				balance;
(4) failure to seek
				consultation whenever the welfare of the patient would be safeguarded or
				advanced by referral to individuals with special skills, knowledge, and
				experience, including:
(a) an owner dentist or
				supervisor causing an employee dentist to make a referral for dental treatment
				based on contractual obligations when, in the judgment of the treating dentist,
				the welfare of the patient would be safeguarded or advanced by referral to
				another practitioner, and failure to notify the patient of such contractual
				obligations for referrals;
(b) an
				owner dentist or supervisor causing an employee dentist to use a dental
				laboratory due to contractual obligations when, in the judgment of the treating
				dentist, the welfare of the patient would be safeguarded or advanced by the use
				of another dental laboratory.
(5) failure to advise the patient in simple
				understandable terms of the proposed treatment, the anticipated fee, the
				expectations of success, and any reasonable alternatives;
(6) failure of a dentist to comply with
				advertising and specialty recognition rules as defined in 16.5.1.29
				NMAC.
(7) failure to use
				appropriate infection control techniques and sterilization
				procedures;
(8) deliberate and
				willful failure to reveal, at the request of the board, the incompetent,
				dishonest, or corrupt practices of another dentist licensed or applying for
				licensure by the board;
(9) accept
				rebates, or split fees or commissions from any source associated with the
				service rendered to a patient; provided, however, the sharing of profits in a
				dental partnership, association, HMO or DMO, or similar association shall not
				be construed as fee-splitting, nor shall compensating dental hygienists or
				dental assistants on a basis of percentage of the fee received for the overall
				service rendered be deemed accepting a commission;
(10) prescribe, dispense or administer drugs
				outside the scope of dental practice;
(11) charge a patient a fee which is not
				commensurate with the skill and nature of services rendered, such as to be
				unconscionable;
(12) sexual
				misconduct;
(13) breach of ethical
				standards, an inquiry into which the board will begin by reference to the most
				current code of ethics of the American dental association;
(14) the use of a false, fraudulent or
				deceptive statement in any document connected with the practice of
				dentistry;
(15) employing abusive
				billing practices;
(16) fraud,
				deceit or misrepresentation in any application;
(17) violation of any order of the board,
				including any probation order;
(18)
				injudicious prescribing, administration, or dispensing of any drug or
				medicine;
(19) failure to report to
				the 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 or professional association
				or society, in lieu of, and while under disciplinary investigation by any
				authority;
(20) negligent
				supervision of a dental hygienist or dental assistant;
(21) cheating on an examination for
				licensure; or
(22) failure to
				comply with the terms of a signed collaborative practice agreement;
(23) failure of a dentist of record, or
				consulting dentist, to communicate with a collaborative practice dental
				hygienist in an effective professional manner in regard to a shared patient's
				care as defined in Section 16.5.17 NMAC;
(24) assisting a health professional, or
				being assisted by a health professional that is not licensed to practice by a
				New Mexico board, agency or commission;
(25) failure to make available to current
				patients of record a reasonable method of contacting the treating dentist or
				on-call service for dental emergencies; dental practices may refer patients to
				an alternate urgent care or emergency facility if no other option is available
				at the time, or if the contacted dentist deems it necessary for the patient's
				well-being;
(26) conviction of
				either a misdemeanor or a felony punishable by incarceration;
(27) aiding and abetting a dental assistant,
				expanded function dental auxiliary or community dental health coordinator who
				is not properly certified;
(28)
				patient abandonment;
(29)
				habitually addicted as defined in Section 61.5A-21 4 & 6 or Subsection 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;
(30) failure of the licensee to furnish the
				board within 10 business days of request, its investigators or representatives
				with information requested by the board;
(31) failure to appear before the board when
				requested by the board in any disciplinary proceeding;
(32) failure to be in compliance with the
				Parental Responsibility Act Section
				40-5A-3
				NMSA 1978 seq.;
(33) fraudulent
				record keeping;
(34) failure to
				properly install amalgam separator as defined in Section 16.5.58
				NMAC;
(35) failure to properly
				operate and maintain amalgam separator as defined in 16.5.58 NMAC;
				and
(36) failure to properly
				dispose of amalgam waste as defined in Section 16.5.58
				NMAC.