New Mexico Register /
Volume XXXIV, Issue 10 / May 31, 2023
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS,
ETC.)
PART 28 DENTAL HYGIENISTS, LOCAL
ANESTHESIA CERTIFICATION
16.5.28.1 ISSUING AGENCY:
New Mexico Board of Dental Health Care.
[16.5.28.1 NMAC - Rp, 16.5.28.1 NMAC, 5/31/2023]
16.5.28.2 SCOPE:
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.
[16.5.28.2 NMAC - Rp, 16.5.28.2 NMAC, 5/31/2023]
16.5.28.3 STATUTORY AUTHORITY:
Part 28 of Chapter 5 is promulgated pursuant to the Dental Health Care
Act, Section 61-5A-6 NMSA 1978 (1996 Repl. Pamp.).
[16.5.28.3 NMAC - Rp, 16.5.28.3 NMAC, 5/31/2023]
16.5.28.4 DURATION:
Permanent.
[16.5.28.4 NMAC - Rp, 16.5.28.4 NMAC, 5/31/2023]
16.5.28.5 EFFECTIVE DATE:
May 31, 2023, unless a later date is cited at the end of a section.
[16.5.28.5 NMAC - Rp, 16.5.28.5 NMAC, 5/31/2023]
16.5.28.6 OBJECTIVE:
To establish guidelines and procedures for the regulation of dental
hygienists who administer local anesthesia in an office located in New Mexico.
[16.5.28.6 NMAC - Rp, 16.5.28.6, 5/31/2023]
16.5.28.7 DEFINITIONS:
“Two consecutive years” means
at least 1200 hours per year for two consecutive year.
[16.5.28.7 NMAC - Rp, 16.5.28.7 NMAC, 5/31/2023]
16.5.28.8 REQUIREMENT TO BE CERTIFIED: 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 indirect supervision of a dentist. Local anesthesia may only
be administered by a dental hygienist under general supervision as outlined in 16.5.28.11 NMAC.
[16.5.28.8 NMAC - Rp, 16.5.28.8
NMAC, 5/31/2023]
16.5.28.9 CERTIFICATION BY CURRICULUM OR NON-CURRICULUM:
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 hygiene in New
Mexico;
(2) proof
of successful completion of educational coursework in local anesthesia, by
either;
(a) curriculum:
successful completion of an educational program in local anesthesia of at least
24 didactic hours and 10 hours of clinical training given in an accredited
dental hygiene program as part of the regular curriculum for the dental hygiene
degree, or
(b) non-curriculum:
successful completion of a board approved continuing educational program in
local anesthesia of at least 24 didactic hours and 10 hours of clinical
training; continuing education program must comply with requirementsin
16.5.1.15 NMAC.
(3) Successfully
pass a board approved examination, the results of the exam are valid in New
Mexico for a period not to exceed five years. If the educational coursework in
local anesthesia was obtained by;
(a) curriculum:
a board approved written local anesthesia exam is required.
(b) non-curriculum:
a board approved written and clinical local anesthesia exam is required.
B. Documentation:
(1) copy
of current basic life support (BLS) or cardiac pulmonary resuscitation (CPR)
certification accepted by the American heart association, the American red
cross or the American safety and health institute (ASHI); cannot be a
self-study course;
(2) proof
of successful completion of educational coursework in local anesthesia;
(a) transcript
from an accredited dental hygiene program documenting successful completion of
an approved educational program in local anesthesia as part of the regular curriculum
for the dental hygiene degree; or
(b) copy
of certificate showing successful completion of a board approved continuing
education program in local anesthesia of at least 24 didactic hours and 10
hours of clinical training; continuing education program must comply with
requirements in 16.5.1.15 NMAC.
(3) certificate
or score card from a board approved exam indicating successful completion and
date of local anesthesia exam, as required per Paragraph (9) of Subsection A of
16.5.28 NMAC.
[16.5.28.9
NMAC - Rp, 16.5.28.9 NMAC, 5/31/2023]
16.5.28.10 CERTIFICATION BY CREDENTIALS:
Applicants for certification in local anesthesia by credentials 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 hygiene in New
Mexico;
(2) successful
completion of educational coursework in local anesthesia by;
(a) curriculum:
successful completion of an educational program in local anesthesia of at least
24 didactic hours and 10 hours of clinical training given in an accredited
dental hygiene program as part of the regular curriculum for the dental hygiene
degree, or
(b) non-curriculum:
successful completion of a board approved continuing educational program in
local anesthesia of at least 24 didactic hours and 10 hours of clinical
training; continuing education program must comply with requirements in
16.5.1.15 NMAC; and
(3) successfully
pass a board approved examination, the results of the exam do not have to be
within a specific time frame. If educational coursework in local anesthesia was
obtained by;
(a) curriculum:
a board approved written local anesthesia exam is required.
(b) non-curriculum:
a board approved written and clinical local anesthesia exam is required.
(4) administration of local anesthesia in
the practice of dental hygiene for at least three of the past five years.
B. Documentation:
(1) copy
of current basic life support (BLS) or cardiac pulmonary resuscitation (CPR) certification
accepted by the American heart association, the American red cross or the
American safety and health institute (ASHI); cannot be a self-study course;
(2) proof
of successful completion of educational coursework in local anesthesia;
(a) transcript
from an accredited dental hygiene program documenting successful completion of
an approved educational program in local anesthesia as part of the regular
curriculum for the dental hygiene degree, or
(b) copy
of certificate showing successful completion of a board approved continuing
education program in local anesthesia of at least 24 didactic hours and 10
hours of clinical training; continuing education program must comply with
requirements in 16.5.1.15 NMAC; and
(3) proof
of active certification to administer local anesthesia;
(a) letter of
verification from each jurisdiction where the applicant holds a certificate for
administering local anesthesia, or if the jurisdiction doesn’t supply licensees
with a separate certification, then a letter is needed stating that local
anesthesia is not a separate designation from the license but is part of the
dental hygiene license; sent directly form the board in each jurisdiction, and
describing any disciplinary action taken against the applicant; and
(b) if
the applicants previous license includes the local anesthesia designation or
certification is expired or inactive the applicant must show proof of
completion of a board approved continuing education course in administration of
local anesthesia that includes a hand on-portion. Continuing education course
must comply with requirementsin 16.5.1.15 NMAC.
(4) proof
of administration of local anesthesia while engaged in the practice of dental
hygiene in at least three of the past five consecutive years; proof may be by
notarized letters from employers, supervisors of dental clinics of the
uniformed services of the United States, or faculty administrators of schools
of dental hygiene or dentistry.
[16.5.28.10 NMAC - Rp, 16.5.28.10 NMAC,
5/31/2023]
16.5.28.11 CERTIFICATION
OF LOCAL ANESTHESIA UNDER GENERAL SUPERVISION:
An applicant for certification in local anesthesia under
general supervision must possess the following qualifications and submit the
following documentation along with a completed application.
A. An applicant must possess the
following qualifications:
(1) have
a current active license in good standing to practice dental hygiene in New
Mexico;
(2) possess
a New Mexico certification to administer local anesthesia under the indirect
supervision of a licensed dentist; and
(3) have
administered 20 cases of local anesthesia under the indirect supervision of a
dentist during two consecutive years.
B. An applicant must provide the board
office with the following documentation:
(1) a
copy of a current New Mexico dental hygiene license;
(2) a
copy of the applicant’s certificate to administer local anesthesia under
indirect supervision; and
(3) a
signed affidavit, on a board-approved form, from the supervising dentist
attesting to the applicant’s qualifications for a certificate to administer
local anesthesia under general supervision.
The affidavit is valid for subsequent or additional locations in which the
applicant may practice.
[16.5.28.11 NMAC - Rp,
16.5.28.11 NMAC, 5/31/2023]
16.5.28.12 CERTIFICATION PROCEDURE: 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.
[16.5.28.11 NMAC - Rp, 16.5.28.11
NMAC, 5/31/2023]
16.5.28.13 LIMITATIONS OF LOCAL ANESTHESIA
ADMINISTRATION: 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 for the specific patient; and
(2) verbal
orders shall be converted to written record or electronic record in the
patient’s dental record; and
B. emergency medical services are
available by:
(1) local
911 service with a response time of less than 10 minutes; or
(2) by
arrangement with a local physician(s), oral surgeon, or other medical or dental
professional holding an advanced cardiovascular life support (ACLS)
certification; this arrangement to provide emergency services shall be in
writing and on file in the board office with the dental hygienists license; and
C. indirect supervision is required for
continuing education and clinical examinations.
[16.5.28.12 NMAC - Rp,
16.5.28.13 NMAC, 5/31/2023]
HISTORY OF
16.5.28 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the commission of public records - state records center and archives as:
Article XI,
Practice of Dental Hygiene, filed 3/12/1981.
Article XI,
Practice of Dental Hygiene, filed 1/12/1982.
Article XI,
Practice of Dental Hygiene, filed 3/30/1982.
Article XI,
Practice of Dental Hygiene, filed 2/5/1988.
BOD Rule 9,
Practice of Dental Hygiene, filed 2/9/1989.
That
applicable portion of BOD Rule 9, Practice of Dental Hygiene replaced by BODHC Rule
DH 8-95, Dental Hygienists, Local Anesthesia Certification, filed 5/5/1995.
History of Repealed Material:
16 5.28 NMAC,
Dental Hygienists - Local Anesthesia Certification filed 3/16/2006, Repealed
effective 5/31/2023.
Other History:
BODHC Rule DH
8-95, Dental Hygienists, Local Anesthesia Certification (filed 5/5/1995) was
renumbered, reformatted, amended and replaced by 16 NMAC 5.28, Dental
Hygienists, Local Anesthesia Certification, effective 9/30/1996.
16 NMAC 5.28,
Dental Hygienists, Local Anesthesia Certification (filed 9/17/1996) renumbered,
reformatted, amended and replaced by 16.5.28 NMAC, Dental Hygienists, Local
Anesthesia Certification, effective 04/14/2006.
16 5.28 NMAC,
Dental Hygienists - Local Anesthesia Certification filed 3/16/2006, Replaced by
16 5.28 NMAC, Dental Hygienists - Local Anesthesia Certification, effective
5/13/2023.