reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 18 - PRACTICE PROCEDURES › Section 16.4.18.13 - MANIPULATION UNDER ANESTHESIA

Current through Register Vol. 35, No. 13, July 16, 2024
Chiropractic physicians who can demonstrate training in a
				  course of doctoral or post-doctoral studies certified within an accredited
				  institution recognized by the board are authorized to perform manipulation
				  under anesthesia, with that anesthesia administered by an appropriate, licensed
				  provider.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 19 - CHIROPRACTIC ASSISTANTS › Section 16.4.19.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Chiropractic Board, PO Box 25101, Santa Fe, New
				  Mexico 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 19 - CHIROPRACTIC ASSISTANTS › Section 16.4.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  chiropractic in New Mexico and are promulgated pursuant to and in accordance
				  with the Chiropractic Physician Practice Act, Subsection F of Section
				  61-4-3
				  and Subsection D of 61-4-5 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 19 - CHIROPRACTIC ASSISTANTS › Section 16.4.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 10, 2019, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 19 - CHIROPRACTIC ASSISTANTS › Section 16.4.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish educational requirements and duties for
				  chiropractic assistants and defines supervision of a chiropractic physician and
				  define supervision of a chiropractic physician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 19 - CHIROPRACTIC ASSISTANTS › Section 16.4.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
(Refer to subsection D of
				  16.4.1.7
				  NMAC).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 19 - CHIROPRACTIC ASSISTANTS › Section 16.4.19.8 - CHIROPRACTIC ASSISTANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				minimum education requirement for a chiropractic assistant is high school
				graduation or equivalent with a minimum of three months of supervised training
				in the specific duties and procedures the chiropractic assistant will
				perform.
B. The chiropractic
				assistant can, under the supervision of the chiropractic physician, perform
				diagnostic tests and administer the use of any or all natural agencies imbued
				with the healing act such as food, water, heat, cold, electrical mechanical
				appliances, herbs, nutritional supplements and homeopathic remedies.
C. As used in this section, the term "under
				the supervision of the chiropractic physician" means that:
(1) the chiropractic physician shall have a
				current New Mexico license in "good standing" with the board;
(2) the chiropractic physician shall
				personally train the chiropractic assistant in any procedure they practice;
				and
(3) the chiropractic physician
				must be physically present in the same building and immediately available in
				order for the chiropractic assistant to treat the patient.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 20 - ADVERTISING › Section 16.4.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Chiropractic Board, PO Box 25101, Santa Fe, New
				  Mexico 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 20 - ADVERTISING › Section 16.4.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  chiropractic in New Mexico and are promulgated pursuant to and in accordance
				  with the Chiropractic Physician Practice Act, Sections
				  61-4-2,
				  61-4-4,
				  61-4-6,
				  61-4-12
				  and
				  61-4-13
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 20 - ADVERTISING › Section 16.4.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish guidelines for advertising which must be
				  followed by all licensed chiropractic physicians and non-licensed chiropractic
				  practice owners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 20 - ADVERTISING › Section 16.4.20.8 - STATEMENT OF POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
It is the policy of the board that advertising by licensed
				  practitioners of chiropractic should be regulated in order to fulfill the duty
				  of the state of New Mexico to protect the health, safety and welfare of its
				  residents, while not abridging any rights guaranteed to the practitioners or to
				  the public by the Constitution of the United States and the Constitution of the
				  state of New Mexico as construed by the United States supreme court and the New
				  Mexico supreme court. To that end, the board permits the dissemination of
				  legitimate information to the public concerning the science of chiropractic and
				  individual practitioners thereof. Such dissemination of information must be
				  done in accordance with this rule which is designed to reasonably facilitate
				  the flow of accurate information and prevent fraudulent, false, deceptive,
				  misleading or confusing advertising. Advertising not contrary to the
				  prohibitions in this rule shall be deemed an appropriate means of informing the
				  public of the availability of professional services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 22 - FEES › Section 16.4.22.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Chiropractic Board, PO Box 25101, Santa Fe, New
				  Mexico 87504.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 22 - FEES › Section 16.4.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  chiropractic in New Mexico and are promulgated pursuant to and in accordance
				  with the Chiropractic Physician Practice Act, Subsection F of 61-4-7 and
				  Subsection B of 61-4-13 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 22 - FEES › Section 16.4.22.8 - ADMINISTRATIVE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				accordance with Subsection F of Section
				61-4-7 and Subsection B of Section
				61-4-13 NMSA 1978 of the New
				Mexico Chiropractic Physicians Practice Act, the board of chiropractic
				examiners establishes the following nonrefundable fees:
(1) Initial application for
				licensure/certification:
(a) application fee
				$350;
(b) expedited license
				application fee $200;
(c) initial
				license fee $350;
(d) advanced
				practice certification application fee $100.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in 16.5.1 NMAC apply to all parts of Chapter 5
				  and provide relevant information to all licensees or certificate holders or
				  anyone affected or interested in the licensing and regulation of dentists,
				  dental hygienists and dental assistants, dental therapists, and non-dentist
				  owners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-5A-1 through Section
				  61-5A-29, NMSA 1978, (Repl. Pamp.
				  1996). 16.5.1.10 NMAC is authorized by
				  Subsection C of Section
				  10-15-1 NMSA 1978, (Repl. Pamp.
				  1993) 16.5.1.11 NMAC and
				  16.5.1.12 NMAC are authorized by
				  Section 14-2-1 through
				  14-2-16, NMSA 1978, (Repl. Pamp.
				  1993). 16.5.1.26 NMAC is authorized by
				  Section 14-16-18, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 31, 2023, unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to set forth the provisions which
				  apply to all of Chapter 5, and to all persons and entities affected or
				  regulated by Chapter 5 of Title 16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with the letter "A":
(1)
"Act"
means the Dental
				Health Care Act, Sections
				61-5A-1 through
				61-5A-29, NMSA 1978.
(2)
"Assessment"
means the
				review and documentation of the oral condition, and the recognition and
				documentation of deviations from the healthy condition, without a diagnosis to
				determine the cause or nature of disease or its treatment.
(3)
"Authorization"
means
				written or verbal permission from a dentist to a dental hygienist, dental
				assistant, dental therapist, community dental health coordinator, expanded
				function dental auxiliary, or dental student to provide specific tests,
				treatments or regimes of care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.8 - LICENSE DISPLAY

Current through Register Vol. 35, No. 13, July 16, 2024
A valid license, certificates or permits must be displayed
				  and must be visible to the public in each place of employment or business of
				  the licensee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.9 - RESPONSIBILITY OF LICENSEE OR CERTIFICATE HOLDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is the responsibility of the licensee
				or certificate holder to keep the board informed of a current mailing address.
				All correspondence, including renewal forms, will be mailed to the last address
				on file. The board assumes no responsibility for renewal applications or other
				correspondence not received because of a change of address.
B. The board must be informed of current
				practice address(s) for all licensees or certificate holders. Any change in
				practice address(s) must be reported to the board in writing within 30 days of
				the change.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of these rules are held invalid by a court of
				  competent jurisdiction, the remaining provisions of the rules shall remain in
				  force and effect, unless otherwise determined by a court of competent
				  jurisdiction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.11 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
As authorized by Subsection C of Section
				  10-15-1 NMSA 1978 of the Open
				  Meetings Act, NMSA 1978, when it is difficult or impossible for a member of the
				  board or committee to attend a meeting in person, the member may participate
				  through a conference telephone. Each member participating by conference
				  telephone must be identified when speaking, all participants must be able to
				  hear each other at the same time and members of the public attending the
				  meeting must be able to hear any member of the board or committee who speaks
				  during the meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.12 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided herein and except as otherwise provided by
				  law, all applications, pleadings, petitions and motions are matters of public
				  record at the time of filing with the board. Upon notification of the
				  defendant, the notice of contemplated action, or the pre notice of contemplated
				  action settlement agreed upon prior to the issuance of an notice of
				  contemplated action and the information contained in the complaint file becomes
				  a public record and subject to disclosure. With the exemption of voluntarily
				  admission to a monitored treatment program shall not be public record. (Refer
				  to 61-5A-25, NMSA 1978).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.13 - INSPECTION OF PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The board operates in compliance with the Inspection of
				  Public Records Act, Sections
				  14-2-1 through
				  14-2-16, NMSA 1978. The board
				  administrator is the custodian of the board's records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.14 - NON-PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The following records are considered confidential and are
				  not subject to public inspection:
A.
				letters of reference, if applicable;
B. medical reports or records of chemical
				dependency, physical or mental examinations or treatment as outlined in the
				rules governing the impaired practitioner program;
C. examination scores;
D. the contents of any examination used to
				test for an individual's knowledge or competence;
E. investigative files;
F. written and oral communication relating to
				actual or potential disciplinary action, including complaints; and
G. matters of opinion.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.15 - GUIDELINES FOR APPROVED CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Continuing education is defined as dental
				related education that contributes to the existing knowledge base of a licensee
				or certificate holder, which would include but not limited to; treatment
				modalities, advances in science, patient health, safety, and management;
				practice and workplace management for the practice of dentistry, dental
				therapy, dental hygiene and dental assisting.
B. Credit hours:
(1) one hour of credit will be granted for
				every hour of contact instruction.
(2) eight hours shall be the maximum number
				of continuing education credits granted in a single day.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.16 - CONTROL AND PREVENTION OF BLOODBORNE INFECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following rules are enacted to prevent transmission of
				  the human immunodeficiency virus (HIV), hepatitis B infectious state (i.e.
				  acute infection and chronic carriers only) (HBV), the hepatitis C virus (HCV),
				  and other blood borne infections.
A.
				Requirements for providers. Any provider licensed or certified by the New
				Mexico board of dental health care must comply with the guidelines established
				in this rule. A provider who fails to use appropriate infection control
				techniques and sterilization procedures to protect patients may be subject to
				disciplinary action by the board.
B. Infection control as a standard of care.
				In offices and facilities providing dental services, compliance with the
				following policies and procedures are required to further reduce the low risk
				of infection:
(1) implementation of policies
				and procedures to minimize occupational exposure to potentially infectious
				materials (e.g. blood); guidelines or recommendations of the American dental
				association, American dental hygienists' association, center for disease
				control, and the occupational safety and health administration must be
				followed;
(2) strict adherence to
				infection control practices and universal barrier precautions are mandatory in
				all dental care settings and shall include sterilization of instruments and
				hand pieces, after each use, by any acceptable sterilization technique as
				currently recognized by the center for disease control; and
(3) policies and procedures must be
				implemented to report and manage patient and provider exposure to blood;
				affected individuals must be notified when exposure may constitute a
				significant risk of transmission of blood borne infection; the notification
				must include the nature of possible infection, but need not include the
				identity of the provider should the provider be the known source of
				infection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.17 - BOARD OF DENTAL HEALTH CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Officers. The board shall elect a chair, vice-chair, and secretary-treasurer at
				the first regularly scheduled meeting in each calendar year.
B. Committee members. Two dentist members and
				two public members from the board shall be elected to serve as members of the
				dental hygienists committee at the first regularly scheduled meeting in each
				calendar year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.18 - DENTAL HYGIENIST COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Officers. The committee shall elect a chair, vice-chair, and secretary at the
				first regularly scheduled meeting in each calendar year.
B. Board members. Two dental hygienists
				members of the committee shall be elected to serve as members of the board of
				dental health care by a simple majority vote at the first regularly scheduled
				meeting in the calendar year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.19 - BOARD AND COMMITTEE MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The board and committee shall meet at least four times a
				  year, regular meetings shall not be more than 120 days apart, and only two of
				  those meetings may be public rules hearings.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.21 - CONSULTING SERVICES; CLAIMS REVIEW BY INSURANCE COMPANIES OR THIRD PARTY PAYERS

Current through Register Vol. 35, No. 13, July 16, 2024
A dentist who reviews dental insurance or third party payment
				  claims for patients being treated by a dentist in New Mexico must meet the
				  following requirements:
A. be a
				current New Mexico licensed dentist; and
B. within 60 days, of initial agreement or
				contract with insurance company or third party payer, the reviewing dentist
				must provide the board office with the dentist's license number and name of the
				insurance company or third party payer for which the dentist is providing
				claims review services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.22 - LEGAL EXPERT WITNESS REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Adentist who testifies in a malpractice case(s) or legal
				  case(s) involving New Mexico licensed dentists and procedures performed in New
				  Mexico must also be a current New Mexico licensed dentist and in good
				  standing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.23 - PARENTAL RESPONSIBILITY ACT; DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the New Mexico board of dental health care
				  to issue a notice of contemplated action, to refer cases in which a notice of
				  contemplated action has been issued for administrative prosecution, to hold
				  hearings and issue decision and orders to any licensee or applicant for
				  licensure whose name appears on the certified list issued by the New Mexico
				  department of human services, as provided in Section
				  40-5A-1, et seq., NMSA 1978, may
				  be delegated to the New Mexico regulation and licensing department. This
				  section shall not be construed to deprive the board of its authority to issue a
				  notice of contemplated action for any violation of the Parental Responsibility
				  Act, to refer a case for administrative prosecution, hold a hearing or issue a
				  decision and order for any violation of the Parental Responsibility
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.24 - RECORD KEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
All records of patient treatment must be maintained for at
				  least six years. If a dentist or non-dentist owner retires or is no longer
				  practicing in New Mexico, the dentist or non-dentist owner must provide the
				  following documentation to the board office:
A. actual date of retirement or date of no
				longer practicing in New Mexico;
B.
				proof of written notification to all patients currently under active treatment;
				and
C. the location where all
				active dental treatment records will be maintained for a minimum of six years;
				active treatment records are records of patients in the 12 previous months to
				the date of closing practice, the notification to the board must include the
				name, address, and telephone number of the person who is serving as the
				custodian of the records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.25 - CODE OF ETHICS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise stated in the rules or statute, the board,
				  licensees and certificate holders shall refer to the most recent version of the
				  American dental association (ADA) code of ethics for
				  guidance.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.26 - ELECTRONIC SIGNATURES

Current through Register Vol. 35, No. 13, July 16, 2024
The board will accept electronic signatures on all
				  applications and renewals submitted for professional licensure under the Dental
				  Health Care Act, Sections
				  61-5A-1 to-30, NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.27 - PROTECTIVE PATIENT STABILIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise stated in rules or statute, the board,
				  licensees and certificate holders shall refer to the American academy of
				  pediatric dentistry's guidelines on protective patients
				  stabilization.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.28 - MOBILE DENTAL FACILITIES AND PORTABLE DENTAL UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
Dentists and dental hygienists that perform services in
				  mobile dental facilities or use portable dental units shall use the following
				  guidelines:
A. Maintain all records,
				either paper or electronic in a secure form or location.
B. Provide to the board, upon request, all
				treatment records and locations of treatment.
C. Provide to the board, upon request, the
				name, address, and contact information of the owner/operator of the mobile
				dental facility.
D. Provide each
				patient, parent, or guardian with the name(s) of the dentist or hygienist
				providing treatment and contact information immediately after
				treatment.
E. Have agreements in
				place with New Mexico licensed dentists for any immediate follow-up
				care.
F. Dentists and hygienists
				shall display a copy of their license and registration within or directly
				outside the mobile dental facility or areas in which portable dental units are
				utilized. Exceptions:
(1) occasional services
				provided to a patient of record of a fixed dental office who is treated outside
				of the dental office;
(2) services
				publicly funded and provided solely as a public health measure;
(3) services provided to a patient by an
				accredited dental or dental hygiene school;
(4) services by a dentist, physician, or CRNA
				providing sedation in a dental office;
(5) collaborative hygienists in compliance
				with rules established in 16.5.17 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.29 - ADVERTISING, PROMOTIONS AND SPECIALTY RECOGNITIONS FOR ALL LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to advertising in all types of media that
				  is directed to the public. No dentist, dental hygienist, non-dentist owner, or
				  their representatives shall advertise in any form of communication in a manner
				  that is misleading, deceptive, or false. The licensee will be responsible for
				  any third party making such false claims or misleading advertising on their
				  (licensee's) behalf.
A. Definitions:
(1) for the purposes of this section,
				"advertising/advertisement" is:
(a) any
				written or printed communication for the purpose of soliciting, describing, or
				promoting a dentist's, hygienist's, non-dentist owner's licensed activity,
				including, but not limited to, a brochure, letter, pamphlet, newspaper,
				directory listing, periodical, business card or other similar
				publication;
(b) any radio,
				television, internet, computer network or similar airwave or electronic
				transmission which solicits or promotes the dental practice'
(c) "advertising" or "advertisement" does not
				include any of the following;
(i) any printing
				or writing on buildings, uniforms or badges, where the purpose of the writing
				is for identification;
(ii) any
				printing or writing on memoranda or other communications used in the ordinary
				course of business where the sole purpose of the writing is other than the
				solicitation or promotion of the dental practice;
(iii) any printing or writing on novelty
				objects or dental care products.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 1 - GENERAL PROVISIONS › Section 16.5.1.30 - CRIMINAL OFFENDERS EMPLOYMENT ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Convictions for any of the following offense, or their
				  equivalents in any other jurisdiction, are disqualifying criminal convictions
				  that may disqualify and applicant from receiving or retaining a license or
				  certificate by the board.
A. Physical
				harm to others:
(1) murder;
(2) manslaughter;
(3) assault;
(4) battery;
(5) abandonment of a child resulting in death
				or great bodily harm;
(6) abuse of
				a child;
(7) kidnapping;
(8) false imprisonment;
(9) sexual assault.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Dental Health Care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 2 of Chapter 5 apply to all dentists
				  and dental hygienists who hold a current license or retired license or who are
				  applying for licensure in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 2 is promulgated pursuant to the Impaired Dentists and
				  Hygienists Act, Sections
				  61-5B-1
				  through
				  61-5B-11
				  NMSA 1978 (1996 Repl Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 1996, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To clarify the procedures identified in the Impaired Dentists
				  and Hygienists Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Anyone may file a complaint with the board if they have
				  reasonable cause to believe a dentist or dental hygienist is impaired
				  by:
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;
				or
D. habitual or excessive use or
				abuse of alcohol.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.9 - PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Complaints received in the board office that allege impaired
				  practice will be processed in the following manner.
A. The complaint committee of the board shall
				review the complaint to determine if the board has jurisdiction over the matter
				and if the complaint may have merit.
B. If the complaint 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 listed in 16.5.2.8 NMAC, the committee shall refer the matter to the
				board.
C. The board shall designate
				an examining committee consisting of two licensed dentists or two licensed
				hygienists, if the licensee is a dental hygienist and two 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.
(1) The board may consider
				nominations from the New Mexico dental association for dentist members or the
				New Mexico dental hygienists' association for dental hygienist members of the
				examining committee; the board may consider nominations from the New Mexico
				medical society for the physician members of the committee; and
(2) no current member of the board or dental
				hygienists committee shall be a member of an examining committee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.10 - VOLUNTARY RESTRICTION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee may request a restriction to practice under
				  his/her license. The request must be in writing to the board or the dental
				  hygienists committee. The board or the dental hygienists committee has the
				  authority to attach stipulations to the licensee's licensure, if appropriate
				  and to waive commencement of any proceedings.
A. As a condition for accepting a voluntary
				limitation, the board may require a licensee to:
(1) agree to and accept care, counseling or
				treatment by physicians or other appropriate health care providers acceptable
				to the board; and
(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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.11 - ACTION ON THE REPORT OF THE EXAMINING COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The recommendations by the examining committee are advisory
				  and are not binding on the board. The board or the dental hygienists committee
				  may accept or reject a recommendation by the committee to permit a licensee to
				  practice dentistry or dental hygiene with or without any restrictions or may
				  refer the matter back to the examining committee for further examination or
				  report. In the absence of a voluntary agreement for restriction of her/her
				  license, a licensee shall be entitled to a hearing before the board in
				  accordance with the procedures in the Uniform Licensing Act and a determination
				  on the evidence as to whether or not restriction, suspension or revocation of
				  licensure shall be imposed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.12 - PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The board may proceed formally against a licensee under the
				  Impaired Dentists and Dental Hygienists Act in accordance with the procedures
				  contained in the Uniform Licensing Act. When the licensee is a dental
				  hygienist, the board shall act upon the recommendation of the dental hygienists
				  committee on all procedures in the Impaired Dentists and Dental Hygienists
				  Act.
A. At the conclusion of a
				hearing, the board shall make the following findings:
(1) whether or not the licensee is impaired
				by one of the conditions listed in 16.5.2.8 NMAC;
(2) whether or not such impairment does in
				fact limit the licensee's ability to practice dentistry or dental hygiene
				skillfully and safely;
(3) to what
				extent such impairment limits the licensee's ability to practice dentistry or
				dental hygiene skillfully and safely and whether the board or the dental
				hygienists committee finds that the impairment is such that the license should
				be suspended, revoked or restricted; and
(4) if the finding recommends suspension or
				restriction, then the board shall make specific recommendations as to the
				length and nature of the suspension or restriction and how it shall be carried
				out and supervised.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.13 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
No action or examination or proceedings under the Impaired
				  Dentists and Dental Hygienists Act precludes the board from investigating or
				  acting simultaneously, in its sole discretion, under the Dental Health Care
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 2 - IMPAIRED PRACTITIONER PROGRAM › Section 16.5.2.14 - REINSTATEMENT OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee whose license has been restricted, suspended or
				  revoked under the Impaired Dentists of 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.
A. The licensee
				shall make the petition in writing. If the licensee is a dental hygienist, the
				dental hygienists committee shall be advised and given all information so that
				its recommendation can be given to the board.
B. Once the board receives a licensee's
				petition for reinstatement, it shall be referred to the examination committee
				for an examination of the licensee.
C. The board, in its discretion, upon written
				recommendation of the examination committee, may restore the license of the
				licensee on a general or limited basis.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Dental Health Care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 3 of Chapter 5 apply to all dentists,
				  dental therapists, non-dentist owners and dental hygienists licensed to
				  practice in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-5A-21
				  and
				  61-5A-23
				  NMSA 1978 (1996 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 1996, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish mandatory reporting requirements for adverse
				  events and incidents against licensed dentists, dental therapists, non-dentist
				  owners and dental hygienists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.8 - ADVERSE EVENTS AND INCIDENTS WHICH MUST BE REPORTED BY THE LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
As a condition of licensure, any licensee who seeks or holds
				  an active license, or temporary or public service license in New Mexico, or a
				  retired licensee who seeks to reactivate their license within three years after
				  retirement, must report the following adverse events and incidents in a written
				  report to the board office within thirty days of that event or incident:
A. conviction of a felony or misdemeanor,
				other than a traffic violation;
B.
				any payment in settlement of a claim, or satisfaction of judgment, in a dental
				malpractice action personally or by a third party;
C. any professional review action in which
				membership status in a health care facility is revoked or suspended;
				or
D. discipline by any other state
				licensing authority;
E. any known
				morbidity or mortality arising as a direct result of examination, prescription,
				diagnosis or treatment by a licensee which results in hospitalization or
				treatment of the patient by emergency personnel.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.9 - DISPOSITION OF REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The reporting of the incidents or events listed in Section 8
				  of this part shall be maintained in a separate file and shall not be disclosed
				  except as provided by law. Information contained in this report may be used by
				  the board, or its investigators, to establish to the satisfaction of the board
				  that the licensees is competent, is of good moral character, and continues to
				  practice in a professional manner to the standards of care expected of its
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.10 - USE OF REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The board at its discretion may further evaluate, or
				  investigate circumstances leading to the incident or event, and for good cause,
				  or for the proper protection of the public initiate disciplinary action against
				  the licensee in accordance with procedures contained in the Uniform Licensing
				  Act, or evaluate the licensee's ability to practice with reasonable skill and
				  safety to patients in accordance with procedures contained in the Impaired
				  Dentists and Hygienists Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 3 - MANDATORY REPORTING REQUIREMENTS › Section 16.5.3.11 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Violations of the provisions of Part 3 of Chapter 5 may
				  result in suspension or revocation of the license to practice as a dentist,
				  dental therapist, non-dentist owner or dental hygienist in accordance with
				  Section
				  61-5A-21
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 4 - EMERGENCY LICENSURE AND CERTIFICATION PROVISIONS › Section 16.5.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Dental Health Care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 4 - EMERGENCY LICENSURE AND CERTIFICATION PROVISIONS › Section 16.5.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 16.5.4 NMAC apply to all parts of Chapter 5
				  and provide relevant information to any person who qualifies to obtain a
				  license or certification under the provisions for emergency licensure in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 4 - EMERGENCY LICENSURE AND CERTIFICATION PROVISIONS › Section 16.5.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-5A-1 through Section
				  61-5A-30 NMSA 1978 (1996 Repl.
				  Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 4 - EMERGENCY LICENSURE AND CERTIFICATION PROVISIONS › Section 16.5.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 31, 2023, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.) › Part 4 - EMERGENCY LICENSURE AND CERTIFICATION PROVISIONS › Section 16.5.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish rules to govern the emergency licensure or
				  certification for all licensee and certificate holders affected by a declared
				  disaster.