New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 66 - DENTAL THERAPISTS, DISCIPLINARY PROCEEDINGS, LICENSE REVOCATION OR SUSPENSION FOR DISCIPLINARY ACTIONS › Section 16.5.66.10 - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The board 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 therapy 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;
(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 to inform
				dentist or patient of periodontal assessment;
(7) failure to provide patient education of
				oral health care regimens which assist in maintaining good oral health
				throughout life;
(8) sexual
				misconduct;
(9) failure to use
				appropriate infection control techniques and sterilization
				procedures;
(10) breach of ethical
				standards, an inquiry into which the board will begin by reference to the most
				recent version of the American dental association's code of ethics;
(11) fraud, deceit or misrepresentation in
				any application;
(12) violation of
				any order of the board, and ratified by the board, including any probation
				order;
(13) injudicious
				administration of any drug or medicine;
(14) 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, the surrender of
				a license to practice in another state, surrender of membership on any medical
				staff or in any dental therapy or professional association or society, in lieu
				of, and while under disciplinary investigation by any authority;
(15) deliberate and willful failure to
				reveal, at the request of the board, the incompetent, dishonest, or corrupt
				practices of a dentist or dental hygienist licensed or applying for licensure
				by the board or board; and
(16)
				cheating on an examination for licensure;
(17) failure of a dental therapist to comply
				with advertising guidelines as outlined in in 16.5.1 NMAC;
(18) 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;
(19) failure to make available to current
				patients of record a reasonable method of contacting the treating dental
				therapist 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 supervising dentist deems it
				necessary for the patient's well-being;
(20) conviction of either a misdemeanor or a
				felony punishable by incarceration;
(21) aiding and abetting a dental auxiliary
				who is not properly certified;
(22)
				patient abandonment;
(23)
				habitually addicted as defined in Subsection 4 &6 of Section
				61-5A-21
				NMSA 1978 and Subsections C and D of 61.5B-3 NMSA 1978 habitual or excessive
				use or abuse of drugs, as defined in the Controlled Substances Act, 30-31-1
				NMSA 1978 or habitual or excessive use or abuse of alcohol;
(24) failure of the licensee to furnish the
				board within 10 business days of request; its investigators or representatives
				with information requested by the board, and ratified by the board;
(25) failure to appear before the board when
				requested by the board, and ratified by the board, in any disciplinary
				proceeding; and
(26) failure of
				compliance with the Parental Responsibility Act Section
				40-5A-3
				seq., NMSA1978.