New Mexico Administrative Code

A. Registration: Permit required, each licensed dentist who administers or supervises the prescribed administration of drugs to achieve deep sedation or general anesthesia (DS/GA) shall be registered with the board. DS/GA permits are issued for a specific practice location (facil…

A. Provided by dentists (DDS or DMD) or physicians (MD or DO): (1) administration of sedation by another duly qualified dentist or physician requires the operating dentist to have completed a course in advanced cardiac life support (no certification necessary) and to have current…

A. Each licensed dentist must submit a written report to the board within thirty days after any significant morbidity or mortality or other incident which results in temporary or permanent physical or mental injury of a patient during, or as a result of, nitrous oxide inhalation …

Failure to comply with the reporting requirements of 16.5.15.17 NMAC of this part shall be grounds for disciplinary action against the licensee. In accordance with the provisions of the Uniform Licensing Act, the board may take any actions enumerated in 16.5.16 NMAC, including re…

A. Applications may be obtained from the board office. The completed application, accompanied by the required permit fee as defined in 16.5.5 NMAC, the application is forwarded to the anesthesia committee for evaluation. After review of the completed application and any other doc…

The provisions of Part 15 of Chapter 5 apply to all dentists who hold or who are applying for certification to administer anesthesia or analgesia.

A. Expiration: Sedation/anesthesia permits are issued for six years from the last day of the month in which the initial permit was issued. Nitrous oxide analgesia permits do not expire. B. Renewal: Renewal applications will not be sent to each dentist prior to the expiration date…

Part 15 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61.5A-22 NMSA 1978 (1996 Repl. Pamp.).

Permanent.

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

A. To establish guidelines and procedures for the regulation of dentists who administer nitrous oxide inhalation analgesia, anxiolysis, minimal sedation, moderate sedation (formerly conscious sedation I and II), and deep sedation, or general anesthesia in an office located in New…

A. "Anxiolysis" the diminution or elimination or reduction of anxiety without a concomitant reduction of the patient's awareness or ability to react to stimuli. For the purposes of these rules, only a single dose of a single drug within the normal therapeutic dose is allowed. B. …

Dentists who administer nitrous oxide inhalation analgesia in New Mexico are required to be registered with the board. Dentists who administer minimal sedation, moderate sedation, deep sedation, or general anesthesia in New Mexico are required to obtain an anesthesia permit from …

A. Appointment: All members of the anesthesia committee serve at the pleasure of the board. The board chair will appoint members to serve on the anesthesia committee for five year terms beginning on July 1. Individuals for consideration may be nominated by the New Mexico dental a…

New Mexico Board of Dental Health Care.

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 …

The complaint committee of the board is authorized to issue investigative subpoenas and to employ experts with regard to pending investigations.

A licensee whose license is revoked for disciplinary actions shall: A. provide proof of written notification of practice closure to all patients currently under active treatment; B. notification to patients should include where and how dental treatment records may be obtained and…

A licensee whose license has been revoked for disciplinary actions may request reinstatement of the license after the terms of the settlement agreement have been met. Upon approval from the board and receipt of the request for reinstatement, board staff shall send an application …

For licenses suspended for greater than six months; a licensee whose license has been suspended for disciplinary actions in addition to meeting the terms of the settlement agreement shall also meet the following conditions before reinstatement of licensure: A. verification of lic…

The provisions of Section 16.5.16 NMAC apply to all active license holders and applicants for licensure. These provisions may also be of interest to anyone who may wish to file a complaint against a dentist licensed by the board.

Section 16.5. 16 NMAC is promulgated pursuant to the Dental Health Care Act, Section 61-5A-21 NMSA 1978 (1996 Repl. Pamp.).

Permanent.

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

To establish the procedures for filing complaints against licensees, the disciplinary actions available to the board, the authority to issue investigative subpoenas and to further define actions by a licensee which are considered incompetent or unprofessional practice.

A. "Addiction" means a neurobehavioral syndrome with genetic and environmental influences that result in psychological dependence on the use of substances for their psychic effects. It is characterized by behaviors that include one or more of the following: impaired control over …

Disciplinary proceedings may be instituted by sworn complaint of any person, including members of the board and committee. Any hearing held pursuant to the complaint shall conform with the provisions of the Uniform Licensing Act, the Dental Health Care Act or the Impaired Dentist…

A. The board may fine, deny, revoke, suspend, stipulate, or otherwise limit a license if the board determines the licensee is guilty of violating any of the provisions of the Act, the Uniform Licensing Act, the Impaired Dentists and Hygienists Act, or these rules. B. The board ma…

New Mexico Board of Dental Health Care.

The consulting dentist shall: A. in collaboration with the dental hygienist, provide for the patient's additional needed dental care; B. be available to provide consultation to the collaborative practice dental hygienist; C. make provisions for a qualified acting consulting denti…

The collaborative practice dental hygienist shall: A. refer each patient for a dental examination every 12 months, as well as anyone who may require further dental services, to the patient's consulting dentist or to a dental specialist in the case of an emergency; B. in conjuncti…

A. A dental hygienist in a collaborative practice may perform the procedures in a dental hygienist's scope of practice listed in 16.5.29 NMAC without general supervision while the hygienist is in a cooperative working relationship with a consulting dentist, pursuant to rules prom…

All protocols will include but are not limited to: review of health history charting of existing teeth and restorations, periodontal charting as necessary, and notations of potential pathology. Protocols may be amended upon written order of the consulting dentist. Time intervals …

Collaborative practice dental hygienists may work with and supervise dental assistants, including dental assistants certified to perform functions as defined in 16.5.39 NMAC of these rules.

The provisions of 16.5.17 NMAC apply to all dentists, dental hygienists and dental assistants who work in a collaborative practice arrangement.

16.5.17 NMAC is promulgated pursuant to the Dental Health Care Act, Section 61-5A-4 NMSA 1978.

Permanent.

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

To regulate the collaborative practice of dental hygiene in New Mexico.

A. "Acting consulting dentist" means a dentist who meets the qualifications of a consulting dentist who agrees to act as the consulting dentist when that dentist will be away from his/her practice for more than two weeks. An approved collaborative agreement shall be signed by the…

The board, based on the recommendation of the dental hygienists committee, will certify qualified dental hygienists for collaborative practice. A. Prerequisite requirements for certification. Each applicant for certification as a collaborative practice dental hygienist shall poss…

A consulting dentist shall meet the following qualifications: A. possess a current New Mexico dental license in good standing; B. maintains an active clinical general dentistry or public health practice within the state and within a reasonable referral distance from the collabora…

New Mexico Board of Dental Health Care.

The provisions of 16.5.18 NMAC apply to all applicants for licensure; to active, expedited, retired, expired and suspended licenses; to anyone who requests a list or labels of licensed dental hygienists, multiple copies of the law or rules, or copies of public records.

16.5.18 NMAC is promulgated pursuant to the Dental Health Care Act, Section 61-5A-14 NMSA 1978 (1996 Repl. Pamp.).

Permanent.

December 27, 2022, unless a later date is cited at the end of a section.

To establish fees to generate revenue to support the cost of program administration.

A. All fees are non-refundable. B. Application fee for licensure by examination is $350, which includes the initial licensing period. C. Application fee for licensure by credentials is $400, which includes the initial licensing period. D. An applicant who does not obtain a passin…