TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 5 DENTISTRY
(DENTISTS, DENTAL HYGIENISTS, ETC.)
PART 66 DENTAL
THERAPISTS, DISCIPLINARY PROCEEDINGS, LICENSE REVOCATION
OR
SUSPENSION FOR DISCIPLINARY ACTIONS
16.5.66.1 ISSUING
AGENCY: New Mexico Board of Dental Health Care.
[16.5.66.1 NMAC - N, 5/30/2021]
16.5.66.2 SCOPE: The
provisions of 16.5.66 NMAC apply to all active license holders and applicants
for licensure. These provisions may also
be of interest to anyone who may wish to file a complaint against a licensed
dental therapist.
[16.5.66.2 NMAC - N,
5/30/2021]
16.5.66.3 STATUTORY
AUTHORITY: 16.5.66 NMAC is promulgated pursuant to the
Dental Health Care Act, Section 61-5A-21, NMSA 1978.
[16.5.66.3 NMAC - N,
5/30/2021]
16.5.66.4 DURATION:
Permanent.
[16.5.66.4 NMAC - N,
5/30/2021]
16.5.66.5 EFFECTIVE
DATE: May 30, 2021, unless a later date is cited at
the end of a section.
[16.5.66.5 NMAC - N,
5/30/2021]
16.5.66.6 OBJECTIVE: To
establish the procedures for filing complaints against licensees, the
disciplinary actions available to the board, the authority to issue
investigative subpoenas and to further define actions by a licensee which are
considered incompetent or unprofessional practice.
[16.5.66.6 NMAC - N,
5/30/2021]
16.5.66.7 DEFINITIONS:
A. “Addiction” means a neurobehavioral
syndrome with genetic and environmental influences that result in psychological
dependence on the use of substances for their psychic effects. It is characterized by behaviors that include
one or more of the following: impaired
control over drug use; compulsive use; continued use despite harm; and craving.
B. “Chronic pain” means a pain state which
is persistent and in which the cause of the pain cannot be removed or otherwise
treated.
C. “Drug abuser” means a person who takes
a drug or drugs for other than legitimate medical purposes.
D. “Pain” means an unpleasant sensory and
emotional experience associated with inflammation or with actual or potential
tissue damage, or described in terms of such inflammation or and damage.
E. “Patient abandonment” means withdrawing
a patient from treatment without giving reasonable notice or providing a
competent replacement provider.
F. “Physical dependence” means a state of
adaptation that is manifested by a drug-specific withdrawal syndrome that can
be produced by abrupt cassation, rapid dos reduction, decreasing blood level of
the drug, administration of an antagonist, or a combination of these.
G. “Tolerance” means a state of adaptation
in which exposure to a drug induces changes that result in a diminution of one
or more of the drug’s effects over time.
[16.5.66.7 NMAC - N,
5/30/2021]
16.5.66.8 COMPLAINTS:
Disciplinary proceedings may be instituted by sworn complaint of any
person, including members of the board and committee. Any hearing held pursuant to the complaint
shall conform to the provisions of the Uniform Licensing Act, the Dental Health
Care Act and the Impaired Dentists and Dental Hygienists Act.
[16.5.66.8 NMAC - N,
5/30/2021]
16.5.66.9 ACTIONS:
A. The board may
assess fines, deny, revoke, suspend, stipulate, or otherwise limit a license if
it is determined the licensee is guilty of violating any of the provisions
outlined in the act, the Uniform Licensing Act, the Impaired Dentists and
Hygienists Act, or these rules.
B. The board may
reprimand, censure, or require licensees to fulfill additional continuing
education hours within limited time constraints for violations of the act or
rules.
C. The board shall
take into consideration the dual role of dental therapists as professionals and
employees when taking disciplinary action against a licensee.
[16.5.66.10 NMAC -
N, 5/30/2021]
16.5.66.10 GUIDELINES: The board
shall define the following as guidelines for disciplinary action.
A. “Gross incompetence” or “gross negligence”
means, but shall not be limited to, a significant departure from the prevailing
standard of care in patient treatment.
B. “Unprofessional conduct” means, but is
not limited to because of enumeration:
(1) performing,
or holding oneself out as able to perform, professional services beyond the
scope of one’s license and field or fields of competence as established by
education, experience, training, or any combination thereof; this includes, but
is not limited to, the use of any instrument or device in a manner that is not
in accordance with the customary standards and practices of the dental therapy profession;
(2) failure
to refer a patient, after emergency treatment, to his/her regular dentist and
inform the latter of the conditions found and treated;
(3) failure
to release to a patient copy of that patient’s records and x-rays within 15
business days regardless whether patient has an outstanding balance;
(4) failure
to seek consultation whenever the welfare of the patient would be safeguarded
or advanced by referral to individuals with special skills, knowledge, and
experience;
(5) failure
to advise the patient in simple understandable terms of the proposed treatment,
the anticipated fee, the expectations of success, and any reasonable
alternatives;
(6) failure
to inform dentist or patient of periodontal assessment;
(7) failure
to provide patient education of oral health care regimens which assist in
maintaining good oral health throughout life;
(8) sexual
misconduct;
(9) failure
to use appropriate infection control techniques and sterilization procedures;
(10) breach
of ethical standards, an inquiry into which the board will begin by reference
to the most recent version of the American dental association’s code of ethics;
(11) fraud,
deceit or misrepresentation in any application;
(12) violation
of any order of the board, and ratified by the board, including any probation
order;
(13) injudicious
administration of any drug or medicine;
(14) failure
to report to the board any adverse action taken by any licensing board, peer
review body, malpractice insurance carrier or any other entity as defined by
the board, the surrender of a license to practice in another state, surrender
of membership on any medical staff or in any dental therapy or professional
association or society, in lieu of, and while under disciplinary investigation
by any authority;
(15) deliberate
and willful failure to reveal, at the request of the board, the incompetent,
dishonest, or corrupt practices of a dentist or dental hygienist licensed or
applying for licensure by the board or board; and
(16) cheating
on an examination for licensure;
(17) failure
of a dental therapist to comply with advertising guidelines as outlined in in
16.5.1 NMAC;
(18) assisting
a health professional, or be assisted by a health professional that is not
licensed to practice by a New Mexico board, agency or commission;
(19) failure
to make available to current patients of record a reasonable method of
contacting the treating dental therapist or on-call service for dental
emergencies; dental practices may refer patients to an alternate urgent care or
emergency facility if no other option is available at the time, or if the
contacted supervising dentist deems it necessary for the patient’s well-being;
(20) conviction
of either a misdemeanor or a felony punishable by incarceration;
(21) aiding
and abetting a dental auxiliary who is not properly certified;
(22) patient
abandonment;
(23) habitually
addicted as defined in Subsection 4 &6 of Section 61-5A-21 NMSA 1978 and
Subsections C and D of 61.5B-3 NMSA 1978 habitual or excessive use or abuse of
drugs, as defined in the Controlled Substances Act, 30-31-1 NMSA 1978 or
habitual or excessive use or abuse of alcohol;
(24) failure
of the licensee to furnish the board within 10 business days of request; its
investigators or representatives with information requested by the board, and
ratified by the board;
(25) failure to appear before the board when requested by the board, and
ratified by the board, in any disciplinary proceeding; and
(26) failure
of compliance with the Parental Responsibility Act Section 40-5A-3 seq.,
NMSA1978.
[16.5.66.10 NMAC -
N, 5/30/2021]
16.5.66.11 INVESTIGATIVE
SUBPOENAS: The complaint committee of the board is
authorized to issue action investigative subpoenas and to employ experts with
regard to pending investigations.
[16.5.66.11 NMAC -
N, 5/30/2021]
16.5.66.12 REVOCATION
OF DENTAL THERAPISTS LICENSE FOR DISCIPLINARY ACTIONS: A dental
therapist licensee whose license is revoked for disciplinary actions shall:
A. provide proof of
written notification of practice closure to all patients currently under active
treatment;
B. notification to
patients should include where and how dental treatment records may be obtained
and contact information for dentists available; and
C. provide to the
board the location where all active dental treatment records will be maintained
for a minimum of six years; active treatment records are records of patients
treated in the two years previous to the date of closure; the notification to
the board shall include the name, address, and telephone number of the person
who is serving as the custodian of the records.
[16.5.66.12 NMAC - N,
5/30/2021]
16.5.66.13 REINSTATEMENT
OF REVOKED LICENSE FOR DISCIPLINARY ACTIONS: A licensee whose license has been revoked for disciplinary actions may
request reinstatement of the license after the terms of the settlement
agreement have been met. Upon approval
from the board, and ratified by the board, and receipt of the request for
reinstatement, board staff shall send an application for reinstatement of
license.
A. Along with the
completed application, the request for reinstatement shall include the
reinstatement fee, the triennial renewal fee, impairment fee, and proof of the
following continuing education courses:
(1) 20
hours of approved continuing education courses related to the clinical practice
of dental hygiene and dental therapy, per year of revocation; at least 20 of
these hours shall be in the 12 months previous to the request;
(2) 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;
(3) proof
of infection control course within the past 12 months; and
(4) 60
hours of continuing education required for the last triennial renewal cycle of
active licensure; these hours may include continuing education identified at
the time of revocation as well as any continuing education taken during the
revoked period.
B. Applicant shall
authorize the American association of dental examiners clearinghouse to send
verification of status directly to the board office.
C. The board will
obtain electronic verification of applicant status from the national
practitioners’ data bank.
D. Verification of
licensure in all states where the applicant holds or has held a license to
practice dental therapy, or other health care profession. Verification shall be sent directly to the
board office from the other state(s) board, shall include a seal, and shall
attest to the status, issue date, expiration date, license number, and other
information contained on the form.
E. The board at the
next regularly scheduled meeting shall review the request for reinstatement,
including a statement of the applicant's activities during the period of
revocation and information on any existing impairment. If the board finds the application in order
and is satisfied the applicant has fulfilled all required continuing education,
the license may be reinstated and the previous license number reassigned. The reinstated license will expire as defined
in 16.5.63 NMAC.
F. A dental therapist
with a license in revocation status may not practice dental therapy in New
Mexico until proof of active licensure is received from the board office.
G. If reinstatement
of a revoked license is not requested within three years after settlement
agreement has been met, application for a new license shall be made by
examination or credentials in order to practice dental therapy in New Mexico.
[16.5.66.13 NMAC -
N, 5/30/2021]
16.5.66.14 REINSTATEMENT
OF SUSPENDED LICENSE FOR DISCIPLINARY ACTIONS: For licenses suspended for greater than six months; a licensee whose
license has been suspended for disciplinary actions in addition to meeting the
terms of the settlement agreement shall also meet the following conditions
before reinstatement of licensure:
A. verification of
licensure in all states where the applicant holds or has held a license to
practice dental therapy, or other health care profession; verification shall be
sent directly to the board office from the other state(s) board, shall include
a seal, and shall attest to the status, issue date, expiration date, license
number, and other information contained on the form;
B. the board at the
next regularly scheduled meeting shall review the request for reinstatement,
including a statement of the applicant's activities during the period of
suspension and information on any existing impairment; the reinstated license
will expire as defined in 16.5.63 NMAC; and
C. a dental therapist
with a license in suspended status may not practice dental therapy in New
Mexico until proof of active licensure is approved by the board and issued by
the board office.
[16.5.66.14 NMAC -
N, 5/30/2021]
HISTORY OF 16.5.66 NMAC:
[RESERVED]