New Mexico Administrative Code

A. Prior to performing any of the services authorized under Sections 61-5A-13.2 and 61-5A-13.3 NMSA 1978, a dental therapist must enter into a written dental therapist practice agreement with a New Mexico licensed dentist. The agreement must include: (1) practice settings where s…

The provisions of Part 65 of Chapter 5 apply to all active dental therapy license holders and all dental therapists working in New Mexico.

Part 65 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Sections 61-5A-13.2 NMSA 1978.

Permanent.

May 30, 2021, unless a later date is cited at the end of a section.

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

A. "Atraumatic restorative therapy" means a temporary or sedative restoration in an open carious lesions after excavation of gross decay and debris without the use of mechanical preparation. B. "Dental therapy practice agreement" means a contract between the supervising dentist a…

A dental therapist shall provide care in accordance with a dental therapy practice agreement; provided that the dental therapy practice agreement is limited to the following activities: A. UNDER GENERAL SUPERVISION: (1) oral evaluation and assessment of dental disease; (2) formul…

Dental therapists shall not perform, or attempt to perform, the following services or procedures: A. diagnosis; B. Dental treatment planning that has not been authorized by a supervising dentist; C. the final fitting, adaptation, seating and cementation of any fixed or removable …

New Mexico Board of Dental Health Care.

The board 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, but …

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

A dental therapist 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 ma…

A licensee whose license has been revoked for disciplinary actions may request reinstatement of the license after the terms of the settlement agreement have been met.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 ratified by the board, and receipt of the request for reinstatement, board staf…

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 16.5.66 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 therapist.

16.5.66 NMAC is promulgated pursuant to the Dental Health Care Act, Section 61-5A-21, NMSA 1978.

Permanent.

May 30, 2021, 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 to the provisions of the Uniform Licensing Act, the Dental Health Care Act and the Impaired Dentists…

A. The board 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. B.…

New Mexico Board of Dental Health Care.

Except as otherwise required by Subsection F of 16.5.7.8 NMAC, presumptive public service practitioners do not need to comply with the following for temporary or public service licensure. Residents or students as defined in Subsection C of 16.5.7.8 NMAC shall provide only documen…

An applicant who does not obtain a passing score on the jurisprudence exam must submit the re-examination fee as defined in Subsection D of 16.5.5 NMAC to retake the exam.

Upon receipt of a completed application, including all required documentation and fees, the secretary-treasurer or the delegate of the board will review and approve the application. 2 The board shall formally accept the approval of the application at the next scheduled meeting. A…

To remain eligible for temporary or public service licensure; temporary or public service license holders who are eligible for re-issue per 16.5.7.8 NMAC must contact the board office three months prior to the expiration date to begin the re-issue process. All requirements regard…

Temporary or public service licensees shall engage in only those activities specified on the temporary or public service license for the time period designated. A. Temporary or public service licensees shall only practice under the sponsorship or in association with a licensed Ne…

A. Following the completion of the requirements listed in 16.5.7.8 NMAC of these rules, the temporary licensee may complete an application for licensure by credentials. B. Any additional licenses acquired during the time practicing under a temporary license must be reported on th…

The provisions of 16.5.7 NMAC apply to all dentists applying for a temporary or a public service license to practice in New Mexico.

16.5.7 NMAC is promulgated pursuant to the Dental Health Care Act, NMSA 1978 Section 61-5A-14.

Permanent.

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

To establish the requirements for application for temporary or public service licensure as a dentist.

A. "Entity" means a dental or dental hygiene organization, foundation or officially recognized study club, which has a constitution, bylaws and whose officers or board of trustees are dentists or dental hygienists licensed in good standing in the state. B. "Good standing" means h…

Applications for a temporary or a public service New Mexico dental license may be issued in the following categories for specific purposes if education and experience requirements are met. A. Clinical educator. Dentists, not currently licensed in New Mexico, who provide clinical …

Presumptive public service practitioners as defined in Subsection G of 16.5.7.8 NMAC are not required to comply with Subsection D, E and F of this section. Residents or students as defined in Subsection C of 16.5.7.8 NMAC are not required to comply with Subsection C, E and F of t…

New Mexico Board of Dental Health Care.

Each applicant for licensure by credentials must submit the required fees and following documentation: A. completed application; applications are valid for one year from the date of receipt; B. official transcripts or an original letter on letterhead with an embossed seal verifyi…

An applicant who does not obtain a passing score on the jurisprudence exam must submit the re-examination fee as defined in Subsection D of 16.5.5.8 NMAC to re-take the exam.

Upon receipt of a completed application, including all documentation and fees, the secretary-treasurer or delegate of the board will review and may approve the application when the applicant holds a valid license obtained through clinical exam. The board shall formally accept the…

The provisions of 16.5.8 NMAC apply to all applicants for licensure as a general or specialty dentist by credentials.

16.5.8 NMAC is promulgated pursuant to the Dental Health Care Act, Section 61-5A-12 NMSA 1978.

Permanent.

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

To establish the requirements for application for licensure as a dentist by credentials held through licensure in another state(s).

License in "good standing" is defined as having an active dental license in a jurisdiction for a period of at least three consecutive years immediately preceding the date of application, and a minimum of five years of dental licensure. The board shall consider stipulations, disci…

Each applicant for licensure as a general dentist by credentials must possess the following qualifications: A. graduated and received a diploma from an accredited dental school as defined in Subsection A of Section 61-5A-12 NMSA 1978; B. completed 60 hours of approved continuing …

Any dentist who has taken a clinical examination accepted by the board and who has completed and passed a CODA accredited specialty program in one of the ADA recognized specialties may be issued a specialty license by the board. Each applicant for a license to practice a dental s…