New Mexico Register / Volume XXXIV, Issue 10 / May 31, 2023
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS,
ETC.)
PART 6 DENTISTS, LICENSURE BY EXAMINATION
16.5.6.1 ISSUING AGENCY: New Mexico Board of Dental Health
Care.
[16.5.6.1 NMAC - Rp, 16.5.6.1 NMAC, 5/31/2023]
16.5.6.2 SCOPE: The
provisions of 16.5.6 NMAC apply to all applicants for licensure by examination
as a general dentist or specialty practitioner.
[16.5.6.2 NMAC - Rp,
16.5.6.2 NMAC, 5/31/2023]
16.5.6.3 STATUTORY AUTHORITY:
16.5.6 NMAC is promulgated pursuant to the Dental Health Care Act,
Section 61-5A-12, NMSA 1978, (Repl. Pamp. 1996).
[16.5.6.3 NMAC - Rp,
16.5.6.3 NMAC, 5/31/2023]
16.5.6.4 DURATION:
Permanent.
[16.5.6.4 NMAC - Rp, 16.5.6.4 NMAC, 5/31/2023]
16.5.6.5 EFFECTIVE DATE: May 31, 2023, unless a later date is cited
at the end of a section.
[16.5.6.5 NMAC - Rp,
16.5.6.5 NMAC, 5/31/2023]
16.5.6.6 OBJECTIVE: To establish the requirements for application for licensure as a dentist by examination.
[16.5.6.6 NMAC - Rp,
16.5.6.6 NMAC, 5/31/2023]
16.5.6.7 DEFINITIONS: For the purposes of these rules, “dental public health” is specialty practice focused on preventing and controlling dental diseases and promoting dental health through organized community efforts. Since the diplomat examination does not test clinical skills, dentists licensed based on diplomat status shall not practice clinical dentistry.
[16.5.6.7 NMAC - Rp, 16.5.6.7 NMAC, 5/31/2023]
16.5.6.8 PREREQUISITE REQUIREMENTS FOR
GENERAL PRACTICE LICENSE: Each applicant for a license to practice
dentistry by examination 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. successfully completed the dental national board
examination as defined in Subsection A of Section 61-5A-12 NMSA 1978;
C. passed a board approved clinical examination which includes hands-on periodontal and restorative procedures, the results of the clinical examination are valid in New Mexico for a period not to exceed five years:
(1) the applicant shall apply directly to
a board accepted examining agent for
examination; and
(2) results of the clinical examination
must be sent directly to the board office; and
D. completed the jurisprudence exam with a score of at least seventy five percent; the applicant shall schedule the exam through the board office;
E. the board requires a background status report from a
board designated professional background service the applicant will apply and
pay fees directly to a board designated professional background service to
initiate this service.
[16.5.6.8 NMAC
- Rp, 16.5.6.8 NMAC, 5/31/2023]
16.5.6.9 PREREQUISITE REQUIREMENTS FOR SPECIALTY LICENSE: Each applicant for a license to practice a dental specialty by examination must possess the following qualifications. Individuals licensed to practice a dental specialty shall be limited to practice only in that specialty area:
A. graduated and received a diploma from an accredited
dental school as defined in Subsection A of Section 61-5A-12 NMSA; and
B. a postgraduate degree or certificate from an accredited dental school or approved residency program as defined in Subsection E of Section 61-5A-12 NMSA 1978 in one of the following specialty areas:
(1) dental public health,
(2) endodontics,
(3) oral and maxillofacial surgery,
(4) orthodontics and dento-facial orthopedics,
(5) oral pathology,
(6) pediatric dentistry,
(7) periodontology,
(8) prosthodontics, or
(9) other specialties approved by the
American dental association;
C. successfully completed the dental national board examination as defined in Subsection A of Section 61-5A-12 NMSA 1978;
D. passed a specialty clinical examination approved by the
board; the results of the exam are valid in New Mexico for a period not to
exceed five years; examination results must be sent directly to the board
office;
E. an applicant in any specialty defined above for which there is no specialty clinical examination may substitute diplomat status for the examination;
F. completed the jurisprudence exam with a score of at least seventy five percent; the applicant shall schedule the exam through the board office; and
G. the board requires a level II background status report from a board designated professional background service; application for this service will be included with other application materials; the applicant will apply and pay fees directly to a board designated professional background service to initiate this service.
[16.5.6.9 NMAC -
Rp, 16.5.6.9 NMAC, 5/31/2023]
16.5.6.10 DOCUMENTATION REQUIREMENTS: Each
applicant for a license by examination 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 verifying successfully passing all required courses from the dental school or college, to be sent directly to the board office from the accredited program;
C. a copy of clinical examination score card or certificate from the appropriate specialty board;
D. copy of national board examination certificate or score
card;
E. proof of having taken a course in infection control technique or graduation from dental school within the past 12 months;
F. proof 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;
G. the board will obtain verification of applicant status from the national practitioners data bank and the American association of dental examiners clearinghouse; and
H. the appropriate status report from a board designated professional background service must be received by the board office directly from a board designated professional background service; the results of the background check must either indicate no negative findings, or if there are negative findings, those findings will be considered by the board;
I. the board may deny, stipulate, or otherwise limit a license if it is determined the applicant is guilty of violating any of the provisions of the act, the Uniform Licensing Act, the Impaired Dentists and Hygienists Act, these rules, or if it is determined that the applicant poses a threat to the welfare of the public;
J. verification of licensure in all states where the applicant holds or has held a license in good standing to practice dentistry, or other health care profession; verification must be sent directly to the office from the other state(s) board, must include a seal, and must attest to the status, issue date, license number, and other information contained on the form;
K. in addition to the documentation required above, an applicant for licensure in a specialty area must request official transcripts from the residency program or postgraduate training program to be sent directly to the board office from the accredited program.
[16.5.6.10 NMAC - Rp, 16.5.6.10 NMAC, 5/31/2023]
16.5.6.11 RE-EXAMINATION PROCEDURE: An applicant who does not obtain a passing score on the jurisprudence exam must submit the re-examination fee as set forth in Subsection D of 16.5.5.8 NMAC to re-take the exam.
[16.5.6.11 NMAC - Rp, 16.5.6.11 NMAC, 5/31/2023]
16.5.6.12 LICENSURE PROCEDURE: Upon receipt of a completed application, including all required documentation and fees, the secretary-treasurer or the delegate of the board will review and may approve the application. The board shall formally accept the approval of the application at the next scheduled meeting.
A. Initial dental licenses are issued for a period not to exceed three years, as defined in Section 16.5.11.8 NMAC.
B. Any application that cannot be approved by the delegate of the board will be reviewed by the entire board at the next scheduled meeting.
[16.5.6.12 NMAC - Rp, 16.5.6.12 NMAC, 5/31/2023]
History of 16.5.6 NMAC:
Pre-NMAC History:
Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:
Article II, Examination to Practice Dentistry, filed 3/11/1981.
Article II, Examination to Practice Dentistry, filed 1/12/1982.
Article, II, Examination to Practice Dentistry, filed 3/30/1982.
Article, II, Examination to Practice Dentistry, filed 2/5/1988.
BOD Rule 3, Examination to Practice Dentistry, filed 2/9/1989.
BODHC Rule DS 1-95, Dentistry, General Practice Licensure, filed 5/5/1995.
BODHC Rule DS 2-95, Dentistry, Specialty Licensure by Examination, filed 5/5/1995.
History of Repealed Material:
16.5.6 NMAC -
Dentist, Licensure by Examination filed 6/1/2001, Repealed effective
12/14/2019.
16.5.6 NMAC -
Dentist, Licensure by Examination filed 11/14/2019, Repealed effective
5/31/2023.
Other History:
16 NMAC 5.6, Dentists, Licensure by Examination, filed 9/17/1996;
16 NMAC 5.6, Dentists, Licensure by Examination, filed 9/17/1996 - renumbered, reformatted and amended to 16.5.6 NMAC, Dentists, Licensure by Examination, effective 6/14/2001.
16.5.6 NMAC -
Dentist, Licensure by Examination filed 6/1/2001 was replaced by 16.5.6 NMAC -
Dentist, Licensure by Examination, effective 12/14/2019.
16.5.6 NMAC - Dentist, Licensure by Examination filed 11/14/2019 was replaced by 16.5.6 NMAC - Dentist, Licensure by Examination, effective 5/31/2023.