New Mexico Administrative Code

Any disciplinary action including complaints, witness statements, supporting documents, pre-NCA settlement agreements, or post-NCA settlement agreements, are public record unless expressly exempt under the Inspection of Public Records Act. Final pre-NCA settlement agreements and …

Pursuant to Subsection G of Section 61-1-7 NMSA 1978, There shall be no liability on the part of, and no action for damages against, a person who provides information to the department in good faith and without malice in the reasonable belief that such information is accurate. An…

This part applies to applicants, licensees, registrants and to anyone wishing to file a complaint against a licensee or registrant licensed or registered pursuant to the Private Investigations Act.

These rules are promulgated pursuant to the Private Investigations Act, Sections 61-27B-5 and 61-27B-26 NMSA 1978, and the Uniform Licensing Act, Sections 61-1-1 through 61-1-36 NMSA 1978.

Permanent.

December 28, 2021, unless a later date is cited in the history note at the end of a Section.

The objective of Part 9 of Chapter 48 is to set forth the procedures for filing complaints, for initiating disciplinary action against applicants, licensees, and registrants, to lay out the investigative procedures available to the department and to further define actions by an a…

As used in this Section, the following words and phrases have the following meanings: A. "Applicant" has the same meaning as defined in Subsection B of Section 61-1-2 NMSA 1978. B. "Complaint" means a written complaint on a form provided by the department and filed with the depar…

A. A complaint may be initiated in writing by any person on a complaint form provided by the department. A complaint must be legible, signed by the complainant under penalty of perjury, and must include the following information: (1) full name, mailing address, electronic mail ad…

A. The department's assigned compliance staff will maintain a written log of all complaints received which records at a minimum, the date the complaint was received; name, electronic mail and physical mailing address(es) of the complainant(s) and respondent(s); and the name, elec…

New Mexico Board of Dental Health Care.

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.

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 particip…

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 con…

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.

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 p…

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 …

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. An…

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 hygie…

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 …

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.

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…

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 com…

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.

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 applican…

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 retirem…

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.

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.

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.

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…

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 …

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)…

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) man…

Permanent.

May 31, 2023, unless a different date is cited at the end of a section.

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.

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 …

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.

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 othe…

New Mexico Board of Dental Health Care.

The board will select renewal applications for verification of continuing education. Audit requests will be included with the renewal notice and those selected individuals will be asked to submit proof of compliance with the continuing education requirements. Continuing education…

A. Licensee unable to fulfill the continuing education requirements may apply to the board for an emergency deferral of the requirements due to extenuating circumstances as defined in 16.5.1.7 NMAC. Deferrals of up to four months may be granted by a designee of the board. B. Lice…

The provisions of Part 10 of Chapter 5 apply to all licensed dentists who are applying to renew their license.

Part 10 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61-5A-10 NMSA 1978 (1996 Repl. Pamp.).

Permanent.

December 14, 2019, unless a later date is cited at the end of a section.

To establish criteria for continuing education for dentists licensed in New Mexico.

RESERVED

60 hours of continuing education, a maximum of 30 hours can be on-line, webinars or self-study, are required during each triennial renewal cycle as defined in 16.5.1 NMAC. Continuing education received after submission of renewal materials but prior to actual expiration date may …