Chapter 61 — Chapter 61

A. The board shall ratify the recommendations of the committee unless the board makes a specific finding that a recommendation is: (1) beyond the jurisdiction of the committee; (2) an undue financial impact upon the board; or (3) not supported by the record. B. The board shall pr…

A. All applicants for licensure as a dentist shall have graduated and received a degree from a school of dentistry that is accredited by the commission on dental accreditation and shall have passed the written portion of the dental examination administered by the joint commission…

A. Applicants for licensure shall have graduated and received a degree from an accredited dental hygiene educational program that provides a minimum of two academic years of dental hygiene curriculum and is a post-secondary educational institution accredited by the joint commissi…

A. The board shall license as a dental therapist any individual who, in accordance with board rules: (1) provides evidence of licensure as a dental hygienist; (2) provides evidence of having graduated and received a degree from a dental therapy education program accredited by the…

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: (1) the following activities performed under general supervision: (a) oral evaluation and assessment of dental disea…

A. A dental therapist shall practice only in the following environments: (1) a nonprofit community dental organization; (2) a health facility operated by the federal Indian health service; (3) a health facility that a tribe operates under Section 638 of the federal Indian Self-De…

A. The board or the committee may issue a temporary license to practice dentistry or dental hygiene to an applicant who is licensed to practice dentistry or dental hygiene in another state or territory of the United States or the District of Columbia and who is otherwise qualifie…

The board or the committee may issue a temporary public-service license to practice dentistry or dental hygiene to an applicant who is licensed to practice dentistry or dental hygiene in another state or territory of the United States or who is enrolled as a dental resident in a …

and certificates. A. All dental licenses issued by the board shall bear: (1) a serial number; (2) the full name of the licensee; (3) the date of issue; (4) the seal of the board; (5) if the license is a specialty license, the specialty to which practice is limited; (6) the signat…

A. Except as provided in Subsection I of this section, all licensees shall be required to renew their licenses triennially as established by rules of the board. B. All dental assistants certified in expanded functions, expanded-function dental auxiliaries and community dental hea…

A. A licensee who wishes to retire from practice shall meet all requirements for retirement as set by rules of the board, and, if the licensee is a dental hygienist, the committee. The licensee shall notify the board or the committee in writing before the expiration of the licens…

A. Any person who practices dentistry or who attempts to practice dentistry without first complying with the provisions of the Dental Health Care Act and without being the holder of a license entitling the practitioner to practice dentistry in New Mexico is guilty of a fourth deg…

A. Unless otherwise stated in the order of revocation, a motion for reinstatement of a revoked license may not be filed for a period of at least three years from the effective date of the revocation. B. If the motion for reinstatement is denied, no further motions for reinstateme…

History: Laws 1994, ch. 55, § 2; 2003, ch. 409, § 1; 2011, ch. 113, § 2; repealed by Laws 2019, ch. 107, § 18.

Except as provided in Section 61-1-34 NMSA 1978, the board and the committee shall establish a schedule of reasonable fees not to exceed the following: Dentists Dental Hygienists A. licensure by examination $1,500 $1,000 B. licensure by credential $3,000 $1,500 C. specialty licen…

Licensing Act. A. In accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and rules of the board, the board and, as relates to dental hygienist licensure, committee may fine and may deny, revoke, suspend, stipulate or otherwise limit any license or certificate,…

A. The board shall establish rules or regulations pertaining to the administration of nitrous oxide analgesia, conscious sedation, deep sedation and general anesthesia by dentists. B. The board or its agent may evaluate credentials, facilities, equipment, personnel and procedures…

review actions; immunity from civil damages. A. All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a dental malpractice action or claim, all hospitals, all health care entities and all profession…

practice. A. The attorney general, district attorney, the board, the committee or any citizen of any county where any person practices dentistry or dental hygiene without possessing a valid license to do so may, in accordance with the laws of New Mexico governing injunctions, mai…

A. No member of the board or the committee or any ad hoc committee appointed by the board or the committee shall bear liability or be subject to civil damages or criminal prosecutions for any action undertaken or performed within the proper functions of the board or the committee…

A. There is created in the state treasury the "board of dental health care fund". B. All money received by the board and money collected under the Dental Health Care Act shall be deposited with the state treasurer. The state treasurer shall credit this money to the board of denta…

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Dental Health Care Act. History: Laws 1994, ch. 55, § 27.

Until revised, rescinded or modified by the board or committee, regulations adopted under the Dental Act shall remain in effect upon enactment of the Dental Health Care Act and be enforced by the board or the committee. History: Laws 1994, ch. 55, § 28.

A. Any person licensed as a dentist or hygienist under any prior laws of this state, whose license is valid on the effective date of the Dental Health Care Act, is held to be licensed under the Dental Health Care Act and is entitled to renewal of his license as provided in that a…

As used in the Dental Health Care Act: A. "assessment" means the review and documentation of the oral condition, and the recognition and documentation of deviations from the healthy condition, without a diagnosis to determine the cause or nature of disease or its treatment; B. "b…

History: Laws 1994, ch. 55, § 42; 1997, ch. 46, § 5; 2003, ch. 409, § 20; 2003, ch. 428, § 4; 2009, ch. 96, § 4; 2015, ch. 119, § 4; repealed by Laws 2023, ch. 15, § 8.

A. As used in the Dental Health Care Act, "practice of dentistry" means: (1) the diagnosis, treatment, correction, change, relief, prevention, prescription of remedy, surgical operation and adjunctive treatment for any disease, pain, deformity, deficiency, injury, defect, lesion …

A. Unless licensed to practice as a dentist under the Dental Health Care Act, no person shall: (1) practice dentistry; (2) use the title "dentist", "dental surgeon", "oral surgeon" or any other title, abbreviation, letters, figures, signs or devices that indicate the person is a …

services. A. A person, corporation or agency that desires to function as a non-dentist owner in New Mexico shall apply to the board for the proper license and shall adhere to the requirements, re-licensure criteria and fees as established by the rules of the board. B. Unless lice…

dental auxiliaries and community dental health coordinators. A. A certified dental assistant, an expanded-function dental auxiliary, a community dental health coordinator or a dental assistant certified in expanded functions shall be required to adhere to the educational requirem…

A. The board shall establish academic standards and criteria for certifying dental assistants, dental hygienists or other dental personnel to practice as expanded-function dental auxiliaries. Those standards and criteria shall include a formal curriculum and a certifying examinat…

For the purpose of selecting members of the board and the committee, there are created five districts composed of the following counties: A. district I: San Juan, Rio Arriba, Taos, Sandoval, McKinley and Cibola; B. district II: Colfax, Union, Mora, Harding, San Miguel, Quay, Guad…

A. There is created the nine-member "New Mexico board of dental health care". The board shall consist of five dentists, two dental hygienists and two public members. The dentists shall be actively practicing and have been licensed practitioners and residents of New Mexico for a p…

A. There is created the nine-member "New Mexico dental hygienists committee". The committee shall consist of five dental hygienists, two dentists and two public members. The dental hygienists shall be actively practicing and have been licensed practitioners and residents of New M…

Sections 31 [30] through 41 [61-5B-1 to 61-5B-11 NMSA 1978] of this act shall be cited as the "Impaired Dentists and Dental Hygienists Act". History: Laws 1994, ch. 55, § 30.

program. A. The board has the authority to enter into an agreement with a nonprofit corporation to implement an impaired dentists and dental hygienists treatment program. B. For the purposes of this section, "impaired dentists and dental hygienists treatment program" means a prog…

A. There is created an "impaired dentists and dental hygienist fund". B. The fund shall be initially established by an assessment to all licensees as determined by the board and the dental hygienists committee. C. All funds received by the board for an impaired assessment, either…

As used in the Impaired Dentists and Dental Hygienists Act: A. "board" means the New Mexico board of dental health care; B. "dental hygienists committee" means the New Mexico dental hygienists committee; C. "dentistry or dental hygiene" means the practice of dentistry or dental h…

stipulation or other limitation of license. The license of any dentist or dental hygienist to practice dentistry or dental hygiene in this state shall be subject to restriction, suspension, revocation, stipulation or may otherwise be limited in case of inability of the licensee t…

and duties as related to the Impaired Dentists and Dental Hygienists Act. A. If the board or dental hygienists committee has reasonable cause to believe that a person licensed to practice dentistry or dental hygiene is unable to practice with reasonable skill and safety to patien…

A. The examining committee assigned to examine a licensee pursuant to referral by the board shall conduct an examination of the licensee for the purpose of determining the fitness of the licensee to practice dentistry or dental hygiene with reasonable skill and safety to patients…

A. A licensee may request in writing to the board a restriction to practice under his existing license, and the board and the dental hygienists committee shall have authority, if it deems appropriate, to attach stipulations to the licensure of the licensee to practice dentistry o…

action. A. The examining committee shall report to the board or the dental hygienists committee its findings on the examination of the licensee, the determination of the examining committee as to the fitness of the licensee to engage in the practice of dentistry or dental hygiene…

A. The board may formally proceed against a licensee under the Impaired Dentists and Dental Hygienists Act in accordance with the procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. B. When the licensee being considered for action is a dental hygienis…

A. A licensee whose licensure has been restricted, suspended or revoked under the Impaired Dentists and Dental Hygienists Act, voluntarily or by action of the board, shall have a right at reasonable intervals to petition for reinstatement of the license and to demonstrate that th…

Sections 1 through 6 [61-5C-1 to 61-5C-6 NMSA 1978] of this act may be cited as the "Dental Amalgam Waste Reduction Act". History: Laws 2013, ch. 206, § 1.

As used in the Dental Amalgam Waste Reduction Act: A. "amalgam" means a dental restorative material that is typically composed of mercury, silver, tin and copper, along with other metallic elements, and that is used by a dentist to restore a cavity in a tooth; B. "amalgam separat…

By December 31, 2014, a dental office shall install an appropriately sized amalgam separator system and, upon inspection for cause, shall demonstrate to the New Mexico board of dental health care proper installation, operation, maintenance and amalgam waste recycling or disposal …

An amalgam separator system shall not be required for the offices or clinical site of: A. a dental office that is not engaged in amalgam placement, removal or modification; B. an orthodontist; C. a periodontist; D. an oral maxillofacial surgeon; E. an oral maxillofacial radiologi…

A dental office shall report the model and size of its amalgam separator system within ninety days of installation to its local publicly owned water treatment facility, where applicable, and to the New Mexico board of dental health care. A dental office shall report its complianc…