TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS,
ETC.)
PART 56 PARENTAL RESPONSIBILITY COMPLIANCE
16.5.56.1 ISSUING
AGENCY: New Mexico Board of Dental Health Care.
[16.5.56.1 NMAC - N, 6/14/2012]
16.5.56.2 SCOPE: This part
applies to disciplinary proceedings by an issuing agency pursuant to the
Parental Responsibility Act against a license, certificate, registration or
permit required to engage in a profession or occupation.
[16.5.56.2 NMAC - N, 6/14/2012]
16.5.56.3 STATUTORY
AUTHORITY: This part is adopted pursuant to the Parental
Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA1978.
[16.5.56.3 NMAC - N, 6/14/2012]
16.5.56.4 DURATION: Permanent.
[16.5.56.4 NMAC - N, 6/14/2012]
16.5.56.5 EFFECTIVE
DATE:
June 14, 2012, unless a later date is cited at the end of a section.
[16.5.56.5 NMAC - N, 6/14/2012]
16.5.56.6 OBJECTIVE: This part is
intended to implement the requirements of the Parental Responsibility Act as
they apply to the issuance, renewal, suspension or recovation of any license,
certificate, registration or permit required for dentists, dental hygienists,
dental assistants, expanded fuction dental auxiliaries, community dental health
coordinators, dental therapists and non-dentist owners for dental practices.
[16.5.56.6 NMAC - N, 6/14/2012;
A, 5/30/2021]
16.5.56.7 DEFINITIONS:
A. All terms defined in the Parental
Responsibility Act shall have the same meanings in this part unless defined
below.
B. As used in this part.
(1) “Board” means the New Mexico board of
dental health care or any entity to which it has delegated authority to pursue
violations of the Parental Responsibility Act.
(2) “HSD” means the New Mexico human
services department.
(3) “License” means a license,
certificate, registrtion or permit issued by the board that a person is
required to have to engage in a profession or occupation in New Mexico.
(4) “Statement of compliance” means a
certified statement from HSD stating that an applicant or licensee is in
compliance with a judgment and order for support, and has complied with subpeonas
or warrants relating to paternity or child support proceedings.
(5) “Statement of non-compliance” means a
certified statement from HSD stating that an applicant or licensee is not in
compliance with judgment and order for support or has not complied with subpoenas
or warrants relating to paternity or child support proceedings.
[16.5.56.7 NMAC - N, 6/14/2012]
16.5.56.8 PARENTAL
RESPONSIBILITY ACT; DELEGATION OF AUTHORITY:
The authority of the New
Mexico board of dental health care to issue a notice of contemplated action, to
refer cases in which a notice of contemplated action has been issued for
administrative prosecution, to hold hearings and issue decision and orders to
any licensee or applicant for licensure whose name appears on the certified
list issued by the New Mexico department of human services, as provided in NMSA
1978, 40-5A-1, et seq., may be delegated to the New Mexico regulation and
licensing department. This section shall
not be construed to deprive the board of its authority to issue a notice of
contemplated action for any violation of the Parental Responsibility Act, to
refer a case for administrative prosecution, hold a hearing or issue a decision
and order for any violation of the Parental Responsibility Act.
[16.5.56.8 NMAC - N, 6/14/2012]
16.5.56.9 DISCIPLINARY
PROCEEDINGS:
A. Disciplinary action: If an applicant or licensee is not in
compliance with a judgment and order for support, or has not complied with
subpoenas or warrants, relating to paternity or child support proceedings the
board shall follow:
(1) shall deny an application for
licensure;
(2) shall deny the renewal of a license;
and
(3) has grounds for suspension or
revocation of a license.
B. Certified list: Upon receipt of HSD’s certified list of
obligors not in compliance with a judgment and order for support or who have
not complied with subpoenas or warrants relating to paternity or child support
proceedings, the board shall match the certified list agaist the current list
of applicants and licensees. Upon the
later receipt of an application for licensure or renewal, the board shall match
the applicant agaist the current certified list. By the end of the month in which the
certified list is received, the board shall report to HSD the names of
applicants and licensees who are on the certified list and the action the board
has taken in connection with such applicants and licensees.
C. Initial action: Upon determination
that an applicant or licensee appears on the certified list, the board shall:
(1) commence a formal preceding under
Subsection D of 16.5.56.8 NMAC to take the appropriate action under Subsection
A of 16.5.56.8 NMAC; or
(2) for current licensees only,
informally notify the licensee that the licensee’s name is on the certified
list, and that the licensee must provide the board with a subsequent statement
of compliance by the earlier of the application for license renewal or a specified
date not to exceed six months, if the licensee fails to provide the statement,
the board shall commence formal proceeding under Subsection D of 16.5.56.8
NMAC.
D. Notice of contemplated action: Prior
to taking any action specified in Subsection A of 16.5.56.8 NMAC, the board
shall serve upon the applicant or licensee a written notice stating that:
(1) the board has grounds to take such
action, and that the board shall take such action unless the licensee or
applicant:
(a) mails a letter
(certified mail, return receipt requested) within 20 days after service of the
notice requesting a hearing; or
(b) provides the
board, within 30 days of the date of the notice, with a statement of
compliance; and
(2) if the applicant or licensee disagrees
with the determination of non-compliance, or wishes to come into compliance,
the applicant or licensee should contact the HSD child support enforcement
division.
E. Evidence and proof: If any hearing under this part, relevant
evidence is limited to the following:
(1) a statement of non-compliance is
conclusive evidence that requires the board to take the appropriate action
under Subsection A of 16.5.56.8 NMAC unless:
(2) the applicant or licensee can provide
the board with subsequent statement of compliance which shall preclude the
board from taking any action based solely on the prior statement of
non-compliance.
F. Order: When an action is taken under this part
solely because the applicant or licensee is not in compliance with a judgement
and order for suppor or has not complied with subpoenas or warrants relating to
paternity or child support proceedings the order shall state that the
application or license shall be reinstated upon presentation of a subsequent
statement of compliance. The board may
also include any other conditions necessary to comply with board requirements
for reapplication or reinstatement of lapsed license.
G. Procedures: Proceedings under this part shall be governed
by the Uniform Licensing Act, NMSA 1978, Section 61-1-1 et seq., or any other adjudicatory procedures adopted by the board.
[16.5.56.9 NMAC - N, 6/14/2012]
HISTORY OF 16.5.56 NMAC: [RESERVED]