54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.5.37-16.5.37.5 EFFECTIVE DATE
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September 30, 1996, unless a later date is cited at the end of a section.
R.16.5.37-16.5.37.6 OBJECTIVE
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To establish the procedures and policies for revocation of expired expanded function dental assisting certificates and the reinstatement of certificates revoked for non-renewal.
R.16.5.37-16.5.37.7 DEFINITIONS
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[RESERVED]
R.16.5.37-16.5.37.8 REVOCATION OF CERTIFICATE FOR NON-RENEWAL
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Unless an application for certificate renewal is received by the board office, or post-marked, before September 1, the certificate shall be revoked for non-renewal.
R.16.5.37-16.5.37.9 REINSTATEMENT OF REVOKED CERTIFICATE
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Within one year of the revocation notice, the certificate may be reinstated by payment of renewal, late and reinstatement fees, compliance with continuing education for the previous renewal cycle and for the year of the revocation. Applicants for reinstatement after one year of r…
R.16.5.39-16.5.39.1 ISSUING AGENCY
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New Mexico Board of Dental Health Care.
R.16.5.39-16.5.39.10 NON-ALLOWABLE PROCEDURES
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Licensees may not delegate the performance of the following procedures to auxiliary personnel: A. removal of, or addition to, the hard or soft tissue of the oral cavity; B. diagnosis and treatment planning; C. final impressions, to include physical and digital impressions, for mu…
R.16.5.39-16.5.39.2 SCOPE
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The provisions of Part 39 of Chapter 5 apply to all dental assistants with current expanded function certification.
R.16.5.39-16.5.39.3 STATUTORY AUTHORITY
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Part 39 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61-5A-5 and 61-5A-6 NMSA 1978 (1996 Repl. Pamp.).
R.16.5.39-16.5.39.4 DURATION
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Permanent.
R.16.5.39-16.5.39.5 EFFECTIVE DATE
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May 31, 2023, unless a later date is cited at the end of a section.
R.16.5.39-16.5.39.6 OBJECTIVE
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To establish those procedures, which may be provided by dental assistants, the procedures which require expanded function certification, and the procedures which may not be performed by dental assistants, regardless of certification or supervision.
R.16.5.39-16.5.39.7 DEFINITIONS: [RESERVED]
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R.16.5.39-16.5.39.8 PRACTICE AND REQUIRED SUPERVISION
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Dental assistants may provide any basic supportive dental procedure, not excluded elsewhere in rule or in statute if the procedure is performed under the indirect supervision of a dentist. The following expanded function procedures may be performed without certification under ind…
R.16.5.39-16.5.39.9 PROCEDURES REQUIRING CERTIFICATION
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The following procedures are allowable under general supervision if the dental assistant is certified by the Board: A. Place and expose dental radiographs; B. Rubber cup coronal polishing; C. Application of topical fluoride; and D. Pit and fissure sealants.
R.16.5.4-16.5.4.1 ISSUING AGENCY
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New Mexico Board of Dental Health Care.
R.16.5.4-16.5.4.2 SCOPE
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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.
R.16.5.4-16.5.4.3 STATUTORY AUTHORITY
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Section 61-5A-1 through Section 61-5A-30 NMSA 1978 (1996 Repl. Pamp.).
R.16.5.4-16.5.4.4 DURATION
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Permanent.
R.16.5.4-16.5.4.5 EFFECTIVE DATE
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May 31, 2023, unless a later date is cited at the end of a section.
R.16.5.4-16.5.4.6 OBJECTIVE
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To establish rules to govern the emergency licensure or certification for all licensee and certificate holders affected by a declared disaster.
R.16.5.4-16.5.4.7 DEFINITIONS
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[RESERVED]
R.16.5.4-16.5.4.8 REQUIREMENTS FOR EMERGENCY LICENSURE
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A. Dentists, dental hygienists, dental assistants, expanded function dental auxiliary, dental therapists and community dental health coordinators currently licensed or certified and in good standing, or otherwise meeting the requirements for New Mexico licensure or certification …
R.16.5.4-16.5.4.9 EMERGENCY LICENSE TERMINATION
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A. The emergency license or certification shall terminate upon the following circumstances: (1) the issuance of a permanent or temporary license for dentists as required in 16.5.6 NMAC, 16.5.7 NMAC, 16.5.8 NMAC; dental hygienists as required in 16.5.19 NMAC, 16.5.20 NMAC, 16.5.21…
R.16.5.40-16.5.40.1 ISSUING AGENCY
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New Mexico Board of Dental Health Care.
R.16.5.40-16.5.40.10 GUIDELINES
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The board shall define the following as guidelines for disciplinary action: "unprofessional conduct" means, but is not limited to because of enumeration: A. performing, or holding oneself out as able to perform, professional services beyond the scope of ones certification and fie…
R.16.5.40-16.5.40.11 INVESTIGATIVE SUBPOENAS
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The complaint committee of the board is authorized to issue investigative subpoenas and to employ experts with regard to pending investigations.
R.16.5.40-16.5.40.2 SCOPE
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The provisions of Part 40 of Chapter 5 apply to all active certificate holders and applicants for certification. These provisions may also be of interest to anyone who may wish to file a complaint against a dental assistant certified by the board.
R.16.5.40-16.5.40.3 STATUTORY AUTHORITY
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Part 40 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Sections 61-5A-6 and 61-5A-21 NMSA 1978 (1996 Repl. Pamp.).
R.16.5.40-16.5.40.4 DURATION
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Permanent
R.16.5.40-16.5.40.5 EFFECTIVE DATE
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September 30, 1996, unless a later date is cited at the end of a section.
R.16.5.40-16.5.40.6 OBJECTIVE
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To establish the procedures for filing complaints against certificate holders, the disciplinary actions available to the board, the authority to issue investigative subpoenas and to further define actions by a certificate holder which are considered incompetent or unprofessional …
R.16.5.40-16.5.40.7 DEFINITIONS
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[RESERVED]
R.16.5.40-16.5.40.8 COMPLAINTS
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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 and the Dental Health Care Act.
R.16.5.40-16.5.40.9 ACTIONS
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A. The board may issue fines, deny, revoke or suspend, or otherwise limit a certificate if the board determines the certificate holder is guilty of violating any of the provisions outlined in the Act, the Uniform Licensing Act, or these rules. B. The board may reprimand, censure,…
R.16.5.41-16.5.41.1 ISSUING AGENCY
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New Mexico Board of Dental Health Care.
R.16.5.41-16.5.41.2 SCOPE
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The provisions of Part 41 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 expanded function dental auxiliary or other public records.
R.16.5.41-16.5.41.3 STATUTORY AUTHORITY
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Part 41 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61-5A-20 NMSA 1978.
R.16.5.41-16.5.41.4 DURATION
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Permanent.
R.16.5.41-16.5.41.5 EFFECTIVE DATE
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January 9, 2012, unless a later date is cited at the end of a section.
R.16.5.41-16.5.41.6 OBJECTIVE
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To establish fees to generate revenue to support the cost of program administration.
R.16.5.41-16.5.41.7 DEFINITIONS
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[RESERVED]
R.16.5.41-16.5.41.8 FEES
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A. all fees are non-refundable; B. application fee: $100; C. board examination fee not to exceed $100 per exam; D. triennial renewal fee: $100; E. late penalty fee: $25.00; F. duplicate certificate fee: $10.00; G. list of current certificate holders: $300; an annual list of curre…
R.16.5.42-16.5.42.1 ISSUING AGENCY
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New Mexico Board of Dental Health Care.
R.16.5.42-16.5.42.10 REQUIRED DOCUMENTATION
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Each applicant for an expanded function dental auxiliary certification shall submit to the board or its agent the required fees and the following documentation. Applications are valid for one year from the date of receipt by the board; after one year, the applicant shall submit t…
R.16.5.42-16.5.42.11 CERTIFICATION PROCEDURE
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Upon receipt of a completed application, including all required documentation, signed affidavit and fees, the secretary-treasurer or delegate of the board will review the application and determine eligibility for certification. A. Initial certificates are issued for a period not …
R.16.5.42-16.5.42.12 TIMELINE FOR PREVIOUSLY ISSUED EFDA PERMITS AND EXPANDED FUNCTIONS
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All current EFDA certification permit holders must have all four expanded functions as defined in 16.5.33 NMAC no later than July 1, 2019. EFDA permits will suspend automatically if such expanded functions certifications are not current. Once those expanded functions are certifie…
R.16.5.42-16.5.42.2 SCOPE
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The provisions of Part 42 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 expanded function dental auxiliary or other public records.
R.16.5.42-16.5.42.3 STATUTORY AUTHORITY
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Part 42 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Section 61-5A-5, 61-5A-6 and 61-5A-6.1 NMSA 1978.
R.16.5.42-16.5.42.4 DURATION
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Permanent.