New Mexico Register / Volume XXXIII,
Issue 24 / December 27, 2022
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS,
ETC.)
PART 59 EXPEDITED LICENSURE AND EXPEDITED LICENSURE
FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENT CHILDREN AND VETERANS
16.5.59.1 ISSUING AGENCY: New Mexico Board of
Dental Health Care.
[16.5.59.1 NMAC - Rp, 16.5.59.1 NMAC,
12/27/2022]
16.5.59.2 SCOPE: The provisions in
Part 59 of Chapter 5 apply to applicants for expedited licensure pursuant to
Subsection B of 61-5A-14 NMSA 1978 and Subsection B of 61-1-34 NMSA 1978.
[16.5.59.2 NMAC - Rp, 16.5.59.2 NMAC,
12/27/2022]
16.5.59.3 STATUTORY AUTHORITY: These rules are
promulgated pursuant to Section 61-1-34 of the Uniform Licensing Act, Section
61-1-1 to 34 NMSA1978, (1957, as amended through 2013) and the Dental Health
Care Act Sections 61-5A-1 through 61-5A -30 NMSA 1978.
[16.5.59.3 NMAC - Rp, 16.5.59.3 NMAC,
12/27/2022]
16.5.59.4 DURATION: Permanent.
[16.5.59.4 NMAC - Rp, 16.5.59.4 NMAC,
12/27/2022]
16.5.59.5 EFFECTIVE DATE: December 27, 2022 unless a later date is cited at the end of a section.
[16.5.59.5 NMAC - Rp, 16.5.59.5 NMAC,
12/27/2022]
16.5.59.6 OBJECTIVE: The purpose of this
part is to expedite licensure for all applicants
pursuant to Subsection B of 61-5A-14 and Section 61-1-34 NMSA 1978.
[16.5.59.6 NMAC - Rp, 16.5.59.6 NMAC,
12/27/2022]
16.5.59.7 DEFINITIONS:
A. “Eligible jurisdiction” means:
(1) any state or territory of the
United States except those included in the list of disapproved jurisdictions in
16.5.59.8 NMAC; and
(2) any foreign country included in
16.5.59.10. NMAC.
B. “Expedited license” means a provisional license that confers the
same rights, privileges and responsibilities as a regular license issued by the
board.
C. “Good standing” means a license or registration is
active and not expired, suspended, revoked, surrendered, conditioned, or
otherwise in a status that in any manner restricts the activity of a licensee
or registrant under the authority of the license.
D. “Jurisdiction”
has the same meaning as defined in Subsection F of Section 61-1-2, NMSA 1978.
E.
“License” means a license,
registration certificate of registration, certificate, permit or certification.
F. “Licensing
fee” means a fee charged at the time an application for a professional or
occupational license is submitted to the state agency, board or commission and
any fee charged for the processing of the application for such license;
“licensing fee” does not include a fee for an annual inspection or examination
of a licensee or a fee charged for copies of documents, replacement license or
other expenses related to a professional or occupational license.
G. “Military service member” means
a person who is:
(1) serving
in the armed forces of the United States as an active duty
member, or in an active
reserve component of the armed forces
of the Unites States, including the national guard, or a surviving spouse of a
member who at the time of the member’s death was serving on active duty; or
(2) the
spouse of a person who is serving in the armed forces of the United States or
in an
active reserve component of the armed
forces of the United States, including the national guard, or a surviving
spouse of a member who at the time of the member’s death was serving on active
duty; or
(3) the child of a person who is
serving in the armed forces of the United States as an active
duty member, or in an active reserve component of the armed forces of
the United States, including the national guard; provided that child is also a
dependent of that person for federal income tax purposes.
H. “Qualified applicant” means an applicant who:
(1) holds a current license in good standing in another
jurisdiction, provided that an applicant who is not a military service member
or veteran must hold a current license in good standing in an eligible
jurisdiction;
(2) does not have a disqualifying criminal conviction,
as defined in the board’s rules; and
(3) is not subject to pending disciplinary action in New
Mexico or any other licensing jurisdiction.
I. “Veteran” has the same meaning as defined in
Paragraph (3) of Subsection E of Section 61-1-34, NMSA 1978.
[16.5.59.7 NMAC - Rp, 16.5.59.7 NMAC,
12/27/2022]
16.5.59.8 EXPEDITED LICENSURE REQUIREMENTS
AND APPLICATION:
A. In accordance with Subsection B of
Section 61-5A-14 and 61-1-31.1, NMSA 1978, the board may issue an expedited
license to a qualified applicant who holds a valid license, in good standing,
that was issued in another licensing jurisdiction and submits the following
information to the board:
(1) a completed and signed
application form;
(2) proof of a current license in good standing
in an eligible jurisdiction as defined in these rules; and
(3) payment of the required application
fee.
B. Successfully
pass a New Mexico jurisprudence exam.
C. An
expedited license application shall not be deemed complete until the applicant has
submitted, and board staff is in receipt of, all of
the materials required by Subsection A and B of 16.5.59.8 NMAC, including
documentation by third parties.
D. Upon
receipt of a complete application the board’s staff shall process the
application and issue the expedited license to a qualified applicant within 30
days.
E. If
the applicant has a potentially disqualifying criminal conviction or the board
has other cause to deny the application pursuant to Section 61-5A-21, NMSA
1978:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available, regular meeting;
(2) the license may not be issued within
30 days of submission of the complete application; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
F. An
expedited license issued pursuant to Subsection B of 61-5A-14 and 61-1-31.1,
NMSA 1978 is a one-year provisional license that confers the same rights,
privileges and responsibilities as regular licenses issued by the board.
G. Before
the end of expedited license period and upon application, the board shall issue
a regular license through its renewal process.
However, if the licensee’s prior licensing jurisdiction did not require
examination, the licensee shall be required to pass a board approved clinical
examination, as required by 16.5.6.8 NMAC and 16.5.19.8 NMAC, prior to issuing
a regular license.
[16.5.59.8
NMAC - Rp, 16.5.59.8 NMAC, 12/27/2022]
16.5.59.9 LIST OF DISAPPROVED LICENSING JURISDICTIONS
FOR DENTISTS AND DENTAL HYGIENISTS:
A. Pursuant
to Subsection C of Section 61-5A-14 NMSA 1978 of the Dental Health Care Act,
applicants for licensure as a dentist licensed in the following state and
territories for the United States shall not be eligible for expedited licensure
because the education requirements are not or cannot be determined to be,
consistent with New Mexico:
(1) American Samoa;
(2) Puerto Rico; and;
(3) Washington.
B. Pursuant to Subsection C of Section 61-5A-14
NMSA 1978 of the Dental Health Care Act, applicants for licensure as a dental
hygienist licensed in the following states and territories of the United States
shall not be eligible for expedited licensure because the education
requirements are not, or cannot be determined to be. consistent with New
Mexico:
(1) American Samoa;
(2) Alabama;
(3) Arizona;
(4) Delaware;
(5) Florida;
(6) Mississippi;
(7) New York;
(8) Northern Mariana Islands;
(9) Oregon;
(10) Puerto Rico; and
(11) Guam.
[16.5.59.9
NMAC - N, 12/27/2022]
16.5.59.10 LIST
OF APPROVED FOREIGN JURISDICTIONS: The board has not recognized any foreign
jurisdictions from which it will accept an applicant for expedited
licensure. However, the board will
conduct a periodic review to determine if any amendments to this rule are
warranted.
[16.5.59.10
NMAC - Rp, 16.5.59.10 NMAC, 12/27/2022]
16.5.59.11 EXPEDITED
LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS:
A. An
applicant for expedited licensure under Section 61-1-34, NMSA 1978 shall submit
to the board a complete application containing the following:
(1) a
completed and signed application form;
(2) proof
of a current license in good standing in another jurisdiction, including a
branch of the United States armed forces; and
(3) submission
of the following documentation:
(a) for military service member: a
copy of military orders;
(b) for spouse of military service
members: copy of military service member’s military orders, and copy of
marriage license;
(c) for
spouses of deceased military service members: copy of decedent’s DD 214 and
copy of marriage license;
(d) for
dependent children of military service members: a copy of military service
member’s orders listing dependent child, or a copy of military orders and one
of the following: a copy of birth certificate, military service member’s
federal tax return or other governmental or judicial documentation establishing
dependency; or
(e) for
veterans (retired or separated): proof of honorable discharge such as a copy of
DD Form 214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID
card, a driver’s license or state ID card with a veteran’s designation, or
other documentation verifying honorable discharge.
B. An
expedited license application shall not be deemed complete until the applicant
has submitted, and the board’s staff is in receipt of, all of
the materials required by subsection A, including documentation from third
parties.
C. Upon
receipt of a complete application, the board’s staff shall process the
application and issue the expedited license to a qualified applicant within 30
days.
D. If
the applicant has a potentially disqualifying criminal conviction or the board
may have other cause to deny the application pursuant to Section 61-5A-21 NMSA
1978:
(1) the
matter of the applicant’s application shall be submitted to the board for
consideration and action at its next available regular meeting;
(2) the
license may not be issued within 30 days of submission of the complete
application; and
(3) the
board may vote to grant the application or refer the matter to its
administrative prosecutor for denial of the application as provided by the
board’s rules.
E. A
military service member or veteran who is issued an expedited license shall not
be charged a licensing fee for the first three years of licensure with the
board.
F. An
expedited license issued to a military service member or veteran pursuant to
Section 61-1-34, NMSA 1978, shall be valid for the same length of time as a
regular initial license issued by the board.
G. A
license issued pursuant to this section shall not be renewed unless the license
holder satisfies the examination requirements set forth in 16.5.6 NMAC, 16.5.19
NMAC, 16.5.33 NMAC, 16.5.42 NMAC, 16.5.50 NMAC, and 16.5.61 NMAC.
[16.5.59.11 NMAC - N, 12/27/2022]
HISTORY OF 16.5.59 NMAC:
[RESERVED]
History of Repealed Material: 16.5.59 NMAC, Dentistry
(Dentists, Dental Hygienists, Etc.) - Licensure for Military Service Members,
Spouses and Veterans filed 12/5/2013, Repealed effective 12/5/2021.
16.5.59
NMAC, Dentistry (Dentists, Dental
Hygienists, Etc.) - Licensure for Military Service Members, Spouses and
Veterans filed 11/5/2021, Repealed effective 12/27/2022.
Other History: 16.5.59 NMAC, Dentistry
(Dentists, Dental Hygienists, Etc.) - Licensure for Military Service Members,
Spouses and Veterans filed 12/5/2013, was replaced by 16.5.59 NMAC, Dentistry (Dentists, Dental Hygienists, Etc.)
- Licensure for Military Service Members, Spouses and Veterans effective
12/5/2021.
16.5.59
NMAC, Dentistry (Dentists, Dental
Hygienists, Etc.) - Licensure for Military Service Members, Spouses and
Veterans filed 11/5/2021, was replaced by 16.5.59 NMAC, Dentistry (Dentists, Dental Hygienists, Etc.)
- Expedited Licensure And Expedited Licensure
For Military Service Members, Spouses, Dependent Children And Veterans,
effective 12/27/2022.