New Mexico Administrative Code

Upon receipt of a completed local anesthesia application, including all required documentation and fees, a committee member or designee of the committee will review the application and determine eligibility for certification.

Administration of local anesthetic under general supervision may occur when: A. certification has been received as defined in Section 16.5.28.11 NMAC and meets the following requirements:(1) the supervising or consulting dentist has written or verbally ordered local anesthetic fo…

The provisions of Part 28 of Chapter 5 apply to all dental hygienist who hold or who are applying for certification to administer local anesthesia.

Part 28 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61-5A-6 NMSA 1978 (1996 Repl. Pamp.).

Permanent.

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

To establish guidelines and procedures for the regulation of dental hygienists who administer local anesthesia in an office located in New Mexico.

"Two consecutive years" means at least 1200 hours per year for two consecutive year.

Local anesthesia administration is not included as a function of dental hygiene licensure; it may only be performed by dental hygienists who have been separately certified by the committee to perform the expanded function. The administration of local anesthesia requires the indir…

Applicants for certification in local anesthesia by curriculum or exam must possess the following qualifications and submit the required fees and documentation, along with a completed application. A. Qualifications: (1) a current active license in good standing to practice dental…

New Mexico Board of Dental Health Care.

A dental hygienist may prescribe, administer and dispense a fluoride supplement, topically applied fluoride, and topically applied antimicrobials from the following formulary under the following stipulations. A. A New Mexico licensed dentist shall supervise, at least by general s…

The board does not issue permits for the use of lasers by hygienists in soft tissue curettage, sulcular debridement and tissue disinfection in periodontal therapy. Due to the rising utilization of lasers by dental hygienists, the committee and board sets forth the following requi…

The provisions of Part 29 of Chapter 5 apply to all active license holders and all dental hygienists working in New Mexico.

Part 29 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Sections 61-5A-3 and 61-5A-4 NMSA 1978 (1996 Repl. Pamp.).

Permanent.

September 30, 1996, unless a later date is cited at the end of a section.

To establish allowable practice settings, scope of practice and limitations on dental hygiene practice in New Mexico.

A. "Cavitation" means a break in the continuous, solid surface of the enamel of a tooth, created either by genetic formation or demineralization. B. "Dental hygiene-focused assessment" means the documentation of existing oral and relevant systemic conditions and the identificatio…

A dental hygienist may perform dental hygiene services as defined in NMSA 1978, Section 61-5A-4 B thru F NMSA 1978 of the act with the supervision defined. In addition, a licensed hygienist may: A. prescribe, administer or dispense therapeutic agents as per the formulary as defin…

Dental hygienists shall not perform, or attempt to perform, the following services or procedures: A. removal of, or addition to, the hard or soft tissues of the oral cavity, other than diseased crevicular tissue; B. placement or insertion of any permanent filling material; C. dia…

New Mexico Board of Dental Health Care.

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…

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.

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.

Sections 61-5A-21 and 61-5A-23 NMSA 1978 (1996 Repl. Pamp.).

Permanent

September 30, 1996, unless a later date is cited at the end of a section.

To establish mandatory reporting requirements for adverse events and incidents against licensed dentists, dental therapists, non-dentist owners and dental hygienists.

[RESERVED]

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 inci…

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 satisfac…

New Mexico Board of Dental Health Care.

The committee 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, …

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

A collaborative practice 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 reco…

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 committee, and ratified by the board, and receipt of the request for reinstatement, board …

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 16.5.30 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 licensed dental hygienist.

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

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 and the Impaired Dentis…

A. The committee may assess fines, deny, revoke, suspend, stipulate, or otherwise limit a license if it is determined the licensee is guilty of violating any of the provisions outlined in the act, the Uniform Licensing Act, the Impaired Dentists and Hygienists Act, or these rules…

New Mexico Board of Dental Health Care.

The provisions of Part 32 of Chapter 5 apply to all applicants for certification; to active, expired and suspended certificate holders; and to anyone who requests a list of certified dental assistants or other public records.

Part 32 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61-5A-20 NMSA 1978 (1996 Repl. Pamp.).