46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PROFESSIONAL LICENSING; AMENDING AND ENACTING SECTIONS OF THE DENTAL HEALTH CARE ACT; AMENDING A SECTION OF THE IMPAIRED DENTISTS AND DENTAL HYGIENISTS ACT; CLARIFYING DEFINITIONS; AMENDING LICENSURE PROVISIONS; AMENDING THE NEW MEXICO BOARD OF DENTAL HEALTH CARE'S RULEMAKING AUTHORITY; EXTENDING THE SUNSET DATE OF AND RENAMING THE NEW MEXICO BOARD OF DENTAL HEALTH CARE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-5A-2 NMSA 1978 (being Laws 1994, Chapter 55, Section 2) is amended to read:

"61-5A-2. PURPOSE.--

A. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of dentistry and dental hygiene, it is necessary to provide laws and regulations controlling the granting and use of the privilege to practice dentistry and dental hygiene and to establish a board of [dental health care] dentistry and a dental hygienists committee to implement and enforce those laws and regulations.

B. The primary duties of the New Mexico board of [dental health care] dentistry are to issue licenses to qualified dentists and owners of dental practices, to certify qualified dental assistants, to issue licenses to dental hygienists through the dental hygienists committee, to discipline incompetent or unprofessional dentists, dental assistants, owners of dental practices and, through the dental hygienists committee, dental hygienists and to aid in the rehabilitation of impaired dentists and dental hygienists for the purpose of protecting the public."

Section 2. Section 61-5A-3 NMSA 1978 (being Laws 1994, Chapter 55, Section 3) is amended to read:

"61-5A-3. DEFINITIONS.--As used in the Dental Health Care Act:

A. "assessment" means the review and documentation of the oral condition and the recognition and documentation of deviations from the healthy condition, without a diagnosis to determine the cause or nature of disease or its treatment;

[A.] B. "board" means the New Mexico board of [dental health care] dentistry;

[B.] C. "certified dental assistant" means an individual certified by the dental assistant national board;

D. "collaborative dental hygiene practice" means a New Mexico licensed dental hygienist practicing according to Subsections D, E and F of Section 61-5A-4 NMSA 1978;

[C.] E. "committee" means the New Mexico dental hygienists committee;

F. "consulting dentist" means a dentist who has entered into an approved agreement to provide consultation and create protocols with a collaborating dental hygienist and, when required, to provide diagnosis and authorization for services, in accordance with the rules and regulations of the board and the committee;

[D.] G. "dental assistant certified in expanded functions" means a dental assistant who meets specific qualifications set forth by rule of the board;

[E.] H. "dental hygienist" means an individual who has graduated and received a [diploma] degree from [an accredited] a dental hygiene educational program accredited by the joint commission on dental accreditation, which provides a minimum of two academic years of dental hygiene curriculum and is an institution of higher education [accredited by the American dental association commission on dental accreditation] and, except as the context otherwise requires, who holds a license to practice dental hygiene in New Mexico;

[F.] I. "dental laboratory" means any place where [bridges, crowns, dentures or other] dental restorative, prosthetic, cosmetic and therapeutic services or orthodontic appliances are fabricated, altered or repaired by one or more persons under the orders and authorization of a dentist;

[G.] J. "dental technician" means an individual, other than a licensed dentist, who fabricates, alters, repairs or assists in the fabrication, alteration or repair of [bridges, crowns, dentures or other] dental restorative, prosthetic, cosmetic and therapeutic devices or orthodontic appliances under the orders and authorization of a dentist;

[H.] K. "dentist" means an individual who has graduated and received a [diploma] degree from a dental college or school of dentistry [of] or a university that is accredited by the [American dental association] joint commission on dental accreditation and, except as the context otherwise requires, who holds a license to practice dentistry in New Mexico;

[I.] L. "general supervision" means the authorization by a dentist of the procedures to be used by a dental hygienist, dental assistant or dental student and the execution of the procedures in accordance with a dentist's diagnosis and treatment plan at a time the dentist is not physically present and in facilities as designated by rule of the board; [and

J.] M. "indirect supervision" means that a dentist, or in certain settings a dental hygienist or dental assistant certified in expanded functions, is present in the treatment facility while authorized treatments are being performed by a dental hygienist, dental assistant or dental student; and

N. "non-dentist owner" means an individual not licensed as a dentist in New Mexico or a corporate entity not owned by a majority interest of a New Mexico licensed dentist that employs or contracts with a dentist or dental hygienist to provide dental or dental hygiene services."

Section 3. Section 61-5A-4 NMSA 1978 (being Laws 1994, Chapter 55, Section 4, as amended) is amended to read:

"61-5A-4. SCOPE OF PRACTICE.--

A. As used in the Dental Health Care Act, "practice of dentistry" means:

(1) the diagnosis, treatment, correction, change, relief, prevention, prescription of remedy, surgical operation and adjunctive treatment for any disease, pain, deformity, deficiency, injury, defect, lesion or physical condition involving both the functional and aesthetic aspects of the teeth, gingivae, jaws and adjacent hard and soft tissue of the oral and maxillofacial regions, including the prescription or administration of any drug, medicine, biologic, apparatus, brace, anesthetic or other therapeutic or diagnostic substance or technique by an individual or his agent or employee gratuitously or for any fee, reward, emolument or any other form of compensation whether direct or indirect;

(2) representation of an ability or willingness to do any act mentioned in Paragraph (1) of this subsection; [or]

(3) the review of dental insurance claims for therapeutic appropriateness of treatment, including but not limited to the interpretation of radiographs, photographs, models, periodontal records and narratives;

(4) the offering of advice or authoritative comment regarding the appropriateness of dental therapies, the need for recommended treatment or the efficacy of specific treatment modalities; or

[(3)] (5) with specific reference to the teeth, gingivae, jaws or adjacent hard or soft tissues of the oral and maxillofacial region in living persons, to propose, agree or attempt to do or make an examination or give an estimate of cost with intent to, or undertaking to:

(a) perform a physical evaluation of a patient in an office or in a hospital, clinic or other medical or dental facility prior to, incident to and appropriate to the performance of any dental services or oral or maxillofacial surgery;

(b) perform surgery, an extraction or any other operation or to administer an anesthetic in connection therewith;

(c) diagnose or treat any condition, disease, pain, deformity, deficiency, injury, lesion or other physical condition;

(d) correct a malposition;

(e) treat a fracture;

(f) remove calcareous deposits;

(g) replace missing anatomy with an artificial substitute;

(h) construct, make, furnish, supply, reproduce, alter or repair an artificial substitute or restorative or corrective appliance or place an artificial substitute or restorative or corrective appliance in the mouth or attempt to adjust it;

(i) give interpretations or readings of dental [roentgenograms] radiographs; or

(j) do any other remedial, corrective or restorative work.

B. As used in the Dental Health Care Act, "the practice [as a] of dental [hygienist] hygiene" means the application of the science of the prevention and treatment of oral disease through the provision of educational, assessment, preventive, clinical and other therapeutic services under the general supervision of a dentist. "Dental hygiene" includes:

(1) prophylaxis, which is the treatment of human teeth by removing from their surface calcareous deposits and stain, removing accumulated accretions and polishing the surfaces of the teeth;

(2) removing diseased crevicular tissue;

(3) the application of pit and fissure sealants without mechanical alteration of the tooth, fluorides and other topical therapeutic and preventive agents;

(4) exposing and referring to oral radiographs;

(5) screening to identify indications of oral abnormalities;

(6) [preliminary] assessment of periodontal conditions; and

(7) such other closely related services as permitted by the rules and regulations of the committee and the board.

C. In addition to performing dental hygiene as defined in Subsection B of this section, dental hygienists who have met such criteria as the committee shall establish and the board ratify may administer local anesthesia under indirect supervision of a dentist. Dental hygienists, so certified, may on the specific written prescription of a dentist administer a local anesthetic under the general supervision of that dentist, if a qualified physician, who is a surgeon competent in the head and neck or a specialist in emergency medicine, is physically present in the facility and has supplied a documented agreement to provide emergency services as needed.

D. A New Mexico licensed dental hygienist may be certified for collaborative dental hygiene practice in certain practice settings and in accordance with the educational and experience criteria established collaboratively by the committee and the board. [The board may charge a fee not to exceed one hundred fifty dollars ($150) for each application for certification for collaborative dental hygiene practice.]

E. For the purpose of this section, "collaborative [practice of] dental hygiene practice" means the application of the science of the prevention and treatment of oral disease through the provision of educational, assessment, preventive, clinical and other therapeutic services as specified in Subsection B of this section in a cooperative working relationship with a consulting dentist, [but without general supervision] as set forth by the rules [jointly] established [by] and approved by both the board and the committee.

F. A dental hygienist that has been certified for a collaborative practice in a cooperative working relationship with a consulting dentist may practice without general supervision in the following settings:

(1) dentally underserved areas as designated by the department of health;

(2) federally qualified health centers as designated by the United State department of health and human services and other not-for-profit dental clinics that primarily serve the poor and indigent;

(3) New Mexico licensed nursing facilities; and

(4) government agencies engaged solely in providing public health measures to prevent dental disease."

Section 4. Section 61-5A-5 NMSA 1978 (being Laws 1994, Chapter 55, Section 5) is amended to read:

"61-5A-5. LICENSE REQUIRED--EXEMPTIONS.--

A. Unless licensed to practice as a dentist under the Dental Health Care Act, no person shall:

(1) practice dentistry;

(2) use the title "dentist", "dental surgeon", "oral surgeon" or any other title, abbreviation, letters, figures, signs or devices that indicate the person is a licensed dentist; or

(3) perform any of the acts enumerated under the definition of the practice of dentistry as defined in the Dental Health Care Act.

B. The following, under the stipulations described, may practice dentistry or an area of dentistry without a New Mexico dental license:

(1) regularly licensed physicians or surgeons are not prohibited from extracting teeth or treating any disease coming within the province of the practice of medicine;

(2) New Mexico licensed dental hygienists may provide those services within their scope of practice that are also within the scope of the practice of dentistry;

(3) any dental student duly enrolled in an accredited school of dentistry recognized by the board, while engaged in educational programs offered by the school in private offices, public clinics or educational institutions within the state of New Mexico under the indirect supervision of a licensed dentist;

(4) any dental hygiene or dental assisting student duly enrolled in an accredited school of dental hygiene or dental assisting engaged in procedures within or outside the scope of dental hygiene that are part of the curriculum of that program in the school setting and under the indirect supervision of a faculty member of the accredited program who is a licensed dentist, [faculty member of the accredited program and in the school setting] dental hygienist or dental assistant certified in the procedures being taught;

(5) unlicensed persons performing for a licensed dentist merely mechanical work upon inert matter in the construction, making, alteration or repairing of any artificial dental substitute, dental restorative or corrective appliance, when the casts or impressions for the work have been furnished by a licensed dentist and where the work is prescribed by a dentist pursuant to a written authorization by that dentist; [and]

(6) commissioned dental officers of the uniformed forces of the United States and dentists providing services to the United States public health service, the veterans' administration of the United States or within federally controlled facilities in the discharge of their official duties provided that such persons who hold dental licenses in New Mexico shall be subject to the provisions of the Dental Health Care Act; and

(7) dental assistants performing adjunctive services to the provision of dental care, under the indirect supervision of a dentist, as determined by rule of the board if such services are not within the practice of dental hygiene as specifically listed in Subsection B of Section 61-5A-4 NMSA 1978, unless allowed in Subsection E of this section.

C. Unless licensed to practice as a dental hygienist under the Dental Health Care Act, no person shall:

(1) practice as a dental hygienist;

(2) use the title "dental hygienist" or abbreviation "R.D.H." or any other title, abbreviation, letters, figures, signs or devices that indicate the person is a licensed dental hygienist; or

(3) perform any of the acts [enumerated under the definition of] defined as the practice of dental hygiene [as defined] in the Dental Health Care Act.

D. The following, under the stipulations described, may practice dental hygiene or the area of dental hygiene outlined without a New Mexico dental [hygienist] hygiene license:

(1) students enrolled in an accredited dental hygiene program engaged in procedures that are part of the curriculum of that program and under the indirect supervision of a licensed faculty member of the accredited program; [and]

(2) dental assistants working under general supervision who:

(a) expose dental radiographs after being certified in expanded functions by the board;

(b) perform rubber cup coronal polishing, which is not represented as a prophylaxis, having satisfied the educational requirements as established by rules of the board;

(c) apply fluorides as established by rules of the board; and

(d) perform those other dental hygienist functions as recommended to the board by the committee and set forth by rule of the board; and

(3) dental assistants certified in expanded functions, working under the indirect supervision of a dental hygienist certified for collaborative practice and under the protocols established in a collaborative practice agreement with a consulting dentist.

E. Dental assistants working under the indirect supervision of a dentist and in accordance with the rules and regulations established by the board may:

(1) expose dental radiographs;

(2) perform rubber cup coronal polishing that is not represented as a prophylaxis;

(3) apply fluoride and pit and fissure sealants without mechanical alteration of the tooth;

(4) perform those other dental hygienist functions as recommended to the board by the committee and set forth by rule of the board; and

(5) perform such other related functions that are not expressly prohibited by statute or rules of the board.

F. Unless licensed as a dentist or non-dentist owner, no individual or corporate entity shall:

(1) employ or contract with a dentist or dental hygienist for the purpose of providing dental or dental hygiene services as defined by their respective scopes of practice; or

(2) enter into a managed care or other agreement to provide dental or dental hygiene services in New Mexico.

G. The following, under stipulations described, may function as a non-dentist owner without a New Mexico license:

(1) government agencies providing dental services within federally controlled facilities;

(2) government agencies engaged solely in providing public health measures to prevent dental disease;

(3) spouses of deceased licensed dentists or dental hygienists for a period of one year following the death of the licensee;

(4) accredited schools of dentistry, dental hygiene and dental assisting providing dental services solely in an educational setting;

(5) dental hygienists licensed in New Mexico or corporate entities with a majority interest owned by a dental hygienist licensed in New Mexico; and

(6) federally qualified health centers, as designated by the United States department of health and human services, providing dental services."

Section 5. Section 61-5A-7 NMSA 1978 (being Laws 1994, Chapter 55, Section 7) is amended to read:

"61-5A-7. DENTAL AND DENTAL HYGIENE DISTRICTS

CREATED.--For the purpose of selecting members of the board and the committee, there are created five districts composed of the following counties [for]:

A. district I: San Juan, Rio Arriba, Taos, Sandoval, McKinley and Cibola [Santa Fe and Los Alamos];

B. district II: Colfax, Union, Mora, Harding, San Miguel, [Curry] Quay [and], Guadalupe, Santa Fe and Los Alamos;

C. district III: Bernalillo, Valencia and Torrance;

D. district IV: Catron, Socorro, Grant, Sierra, Hidalgo, Luna, Dona Ana and Otero; and

E. district V: Lincoln, De Baca, Roosevelt, Chaves, Eddy, Curry and Lea."

Section 6. Section 61-5A-8 NMSA 1978 (being Laws 1994, Chapter 55, Section 8) is amended to read:

"61-5A-8. BOARD CREATED.--

A. There is created the nine-member "New Mexico board of [dental health care] dentistry". The board shall consist of five dentists, two dental hygienists and two public members. The dentists shall be actively practicing and have been licensed practitioners and residents of New Mexico for a period of five years preceding the date of appointment. The dental hygienist members shall be members of the committee and shall be elected annually to sit on the board by those sitting on the committee. The appointed public members shall be residents of New Mexico and shall have no financial interest, direct or indirect, in the professions regulated in the Dental Health Care Act.

B. The governor may appoint the dentist members from a list of names submitted by the New Mexico dental association. There shall be one member from each district. All board members shall serve until their successors have been appointed. No more than one member [shall] may be employed by or receive remuneration from a dental or dental hygiene educational institution.

C. Appointments for dentists and public members shall be for terms of five years. Dentists' appointments shall be made so that the term of one dentist member expires on July 1 of each year. Public members' five-year terms begin at the date of appointment.

D. Any board member failing to attend three board or committee meetings, either regular or special, during the board member's term shall automatically be removed as a member of the board unless excused from attendance by the board for good cause shown. Members of the board not sitting on the committee shall not be required or allowed to attend committee disciplinary hearings.

E. No board member shall serve more than two full terms on any state-chartered board whose responsibility includes the regulation of practice or licensure of dentistry or dental hygiene in New Mexico. A partial term of three or more years shall be considered a full term.

F. In the event of any vacancy, the secretary of the board shall immediately notify the governor, the board and [the] committee members and the New Mexico dental association of the reason for its occurrence and action taken by the board, so as to expedite appointment of a new board member.

G. The board shall meet [quarterly] at least four times every year and no more than two meetings shall be public rules hearings. Regular meetings shall not be more than one hundred twenty days apart. The board may also hold special meetings and emergency meetings in accordance with rules of the board upon written notice to all members of the board and the committee.

H. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance; however, the secretary-treasurer may be compensated at the discretion of the board.

I. A simple majority of the board members currently serving shall constitute a quorum, provided at least two of that quorum are not dentist members and three are dentist members.

J. The board shall elect officers annually as deemed necessary to administer its duties and as provided in its rules and regulations."

Section 7. Section 61-5A-9 NMSA 1978 (being Laws 1994, Chapter 55, Section 9) is amended to read:

"61-5A-9. COMMITTEE CREATED.--

A. There is created the [seven-member] nine-member "New Mexico dental hygienists committee". The committee shall consist of five dental hygienists, [one dentist] two dentists and [one public member] two public members. The dental hygienists [must] shall be actively practicing and have been licensed practitioners and residents of New Mexico for a period of five years preceding the date of their appointment. The [dentist] dentists and public [member] members shall be members of the board and shall be elected annually to sit on the committee by those members sitting on the board.

B. The governor may appoint the dental hygienists from a list of names submitted by the New Mexico dental hygienists' association. There [may] shall be one member from each district. [The list submitted shall consist, whenever possible, of names of dental hygienists in the district being considered but may also include names of dental hygienists at-large. No more than two dental hygienists shall serve from the same district at one time.] All members shall serve until their successors have been appointed. No more than one member [shall] may be employed by or receive remuneration from a dental or dental hygiene educational institution.

C. Appointments for dental hygienist members shall be for terms of five years. Appointments shall be made so that the term of one dental hygienist expires on July 1 of each year.

D. Any committee member failing to attend three committee or board meetings, either regular or special, during the committee member's term shall automatically be removed as a member of the committee unless excused from attendance by the committee for good cause shown. Members of the committee not sitting on the board shall not be required or allowed to attend board disciplinary hearings.

E. No committee member shall serve more than two full terms on any state-chartered board whose responsibility includes the regulation of practice or licensure of dentistry or dental hygiene in New Mexico. A partial term of three or more years shall be considered a full term.

F. In the event of any vacancy, the secretary of the committee shall immediately notify the governor, the committee and board members and the New Mexico dental hygienists' association of the reason for its occurrence and action taken by the committee, so as to expedite appointment of a new committee member.

G. The committee shall meet [quarterly] at least four times every year and no more than two meetings shall be public rules hearings. Regular meetings shall not be more than one hundred twenty days apart. The committee may also hold special meetings and emergency meetings in accordance with the rules and regulations of the board and committee, upon written notification to all members of the committee and the board.

H. Members of the committee shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

I. A simple majority of the committee members currently serving shall constitute a quorum, provided at least [one] two of that quorum [is] are not [a] hygienist [member] members and three are hygienist members.

J. The committee shall elect officers annually as deemed necessary to administer its duties and as provided in rules and regulations of the board and committee."

Section 8. Section 61-5A-10 NMSA 1978 (being Laws 1994, Chapter 55, Section 10) is amended to read:

"61-5A-10. POWERS AND DUTIES OF THE BOARD AND COMMITTEE.--In addition to any other authority provided by law, the board or the committee shall have the power to:

A. enforce and administer the provisions of the Dental Health Care Act;

B. adopt, publish, [and] file and revise, in accordance with the Uniform Licensing Act and the State Rules Act, all rules and regulations as may be necessary to:

(1) regulate the examination and licensure of dentists and, through the committee, regulate the examination and licensure of dental hygienists;

(2) provide for the examination and certification of dental assistants by the board;

(3) provide for the regulation of dental technicians by the board; [and]

(4) regulate the practice of dentistry, dental assisting and, through the committee, regulate the practice of dental hygiene; and

(5) provide for the regulation and licensure of non-dentist owners by the board;

C. adopt and use a seal;

D. administer oaths to all applicants, witnesses and others appearing before the board or the committee, as appropriate;

E. keep an accurate record of all meetings, receipts and disbursements;

F. grant, deny, review, suspend and revoke licenses and certificates to practice dentistry, dental assisting and, through the committee, dental hygiene and censure, reprimand, fine and place on probation and stipulation dentists, dental assistants and, through the committee, dental hygienists, in accordance with the Uniform Licensing Act for any cause stated in the Dental Health Care Act;

G. grant, deny, review, suspend and revoke licenses to own dental practices and censure, reprimand, fine and place on probation and stipulation non-dentist owners, in accordance with the Uniform Licensing Act, for any cause stated in the Dental Health Care Act;

[G.] H. maintain records [in which] of the name, address, [and] license number and such other demographic data as may serve the needs of the board of all licensees [shall be recorded], together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines. The board shall make available composite reports of demographic data, but shall limit public access to information regarding individuals to their names, addresses, license numbers and license actions or as required by statute;

[H.] I. hire staff and administrators as necessary to carry out the provisions of the Dental Health Care Act;

[I.] J. establish ad hoc committees whose members shall be appointed by the chairman with the advice and consent of the board or committee and shall include at least one member of the board or committee, as it deems necessary for carrying on its business;

[J.] K. have the authority to pay per diem and mileage to individuals who are appointed by the board or the committee to serve on ad hoc committees;

[K.] L. have the authority to hire or contract with investigators to investigate possible violations of the Dental Health Care Act;

[L.] M. have the authority to hire an attorney to give advice and counsel in regard to any matter connected with the duties of the board [and] or the committee, to represent the board or the committee in any legal proceedings and to aid in the enforcement of the laws in relation to the Dental Health Care Act and to fix the compensation to be paid to such attorney; provided, however, such attorney shall be compensated from the funds of the board;

[M.] N. have the authority to issue investigative subpoenas prior to the issuance of a notice of contemplated action for the purpose of investigating complaints against dentists, dental assistants and, through the committee, dental hygienists licensed under the Dental Health Care Act; and

[N.] O. establish continuing education or continued competency requirements for dentists, certified dental assistants in expanded functions, dental technicians and, through the committee, dental hygienists."

Section 9. Section 61-5A-12 NMSA 1978 (being Laws 1994, Chapter 55, Section 12, as amended) is amended to read:

"61-5A-12. DENTISTS--REQUIREMENTS FOR LICENSURE--SPECIALTY LICENSE.--

A. All applicants for licensure as a dentist shall have graduated and received a [diploma] degree from an accredited dental college or school of dentistry of a university that is accredited by the [American dental association] joint commission on dental accreditation and have passed the written portion of the dental examination administered by the joint commission on national dental examinations of the American dental association or, if the test is not available, another written examination determined by the board.

B. Applicants for a general license to practice dentistry [licensure] by examination shall be required, in addition to the requirements set forth in Subsection A of this section, to pass a test covering the laws and [regulations] rules for the practice of dentistry in New Mexico. Written examinations shall be supplemented by the board or its agents by administering to each applicant a practical or clinical examination that reasonably tests the applicant's qualifications to practice general dentistry. Upon an applicant passing the written and clinical examinations and payment in advance of the necessary fees, the board shall issue a license to practice dentistry.

[C. The board shall issue a general dentistry license by credentials without a practical or clinical examination to an applicant who is duly licensed by a clinical examination as a dentist under the laws of another state or territory of the United States and whose license is active and in good standing in that jurisdiction and in good standing in any other jurisdiction where the applicant has held a license; provided there are no proceedings pending against the applicant's license and that a standard national practitioner data bank or other nationally recognized data resource that records actions against a dentist within the United States does not reveal any activities that could reasonably be construed to constitute evidence of danger to patients. The applicant shall otherwise meet the requirements of the Dental Health Care Act, including payment of appropriate fees and passing an examination covering the laws and regulations of the practice of dentistry in New Mexico.]

C. The board may issue a general license to practice dentistry, by credentials, without a practical or clinical examination to an applicant who is duly licensed by a clinical examination as a dentist under the laws of another state or territory of the United States; provided that license is active and that all dental licenses that individual possesses have been in good standing for five years prior to application. The credentials must show that no dental board actions have been taken during the five years prior to application; that no proceedings are pending in any states in which the applicant has had a license in the five years prior to application; and that a review of public records, the national practitioners data bank or other nationally recognized data resources that record actions against a dentist in the United States does not reveal any activities or unacquitted civil or criminal charges that could reasonably be construed to constitute evidence of danger to patients, including acts of moral turpitude.

D. The board may issue a general license to practice dentistry [license] by credentials to an applicant who meets the requirements, including payment of appropriate fees and the passing of an examination covering the laws and rules of the practice of dentistry in New Mexico, of the Dental Health Care Act and rules promulgated pursuant to that act, and who:

(1) has maintained a uniform service practice in the United States military or public health service for three years immediately preceding the application; or

(2) is duly licensed by examination as a dentist pursuant to the laws of another state or territory of the United States.

E. The board may issue a specialty license by examination to an applicant who has passed a clinical and written examination given by the board or its examining agents that covers the applicant's specialty. The applicant shall have a postgraduate degree or certificate from an accredited dental college, school of dentistry of a university or other residency program that is accredited by the [American dental association] joint commission on dental accreditation in one of the specialty areas of dentistry recognized by the American dental association. The applicant shall also meet all other requirements as established by rules of the board, which shall include an examination covering the laws and [regulations] rules of the practice of dentistry in New Mexico. A specialty license limits the licensee to practice only in that specialty area.

[F. The board may issue a specialty license by credentials to an applicant who is duly licensed by examination as a dentist under the laws of another state or territory of the United States and has a postgraduate degree or certificate from an accredited dental college, school of dentistry of a university or other residency program that is accredited by the American dental association commission on dental accreditation in one of the specialty areas of dentistry recognized by the American dental association. The applicant shall also meet all other qualifications as deemed necessary by rules of the board, which shall include an examination covering the laws and rules of the practice of dentistry in New Mexico. A specialty license limits the licensee to practice only in that specialty area.]

F. The board may issue a specialty license, by credentials, without a practical or clinical examination to an applicant who is duly licensed by a clinical examination as a dentist under the laws of another state or territory of the United States and who has a postgraduate degree or certificate from an accredited dental college, school of dentistry of a university or other residency program that is accredited by the joint commission on dental accreditation in one of the specialty areas of dentistry recognized by the American dental association; provided that license is active and that all dental licenses that individual possesses have been in good standing for five years prior to application. The credentials must show that no dental board actions have been taken during the five years prior to application; that no proceedings are pending in any states in which the applicant has had a license in the five years prior to application; and that a review of public records, the national practitioners data bank or other nationally recognized data resources that record actions against a dentist in the United States does not reveal any activities or unacquitted civil or criminal charges that could reasonably be construed to constitute evidence of danger to patients, including acts of moral turpitude. The applicant shall also meet all other qualifications as deemed necessary by rules of the board, which shall include an examination covering the laws and rules of the practice of dentistry in New Mexico. A specialty license limits the licensee to practice only in that specialty area."

Section 10. Section 61-5A-13 NMSA 1978 (being Laws 1994, Chapter 55, Section 13, as amended) is amended to read:

"61-5A-13. DENTAL HYGIENIST LICENSURE.--

A. Applicants for licensure shall have graduated and received a [diploma] degree from an accredited dental hygiene educational program that provides a minimum of two academic years of dental hygiene curriculum and is a post-secondary educational institution accredited by the [American dental association] joint commission on dental accreditation and shall have passed the written portion of the dental hygiene examination administered by the joint commission on national dental examinations of the American dental association or, if this test is not available, another written examination determined by the committee.

B. Applicants for licensure by examination shall be required, in addition to the requirements set forth in Subsection A of this section, to pass a written examination covering the laws and rules for practice in New Mexico. Each written examination shall be supplemented by a practical or clinical examination administered by the committee or its agents that reasonably tests the applicant's qualifications to practice as a dental hygienist. Upon an applicant passing the written and clinical examinations, the board, upon recommendation of the committee, shall issue a license to practice as a dental hygienist.

C. The board, upon the committee's recommendation, shall issue a license to practice as a dental hygienist by credentials without examination, including practical or clinical examination, to an applicant who is a duly licensed dental hygienist by examination under the laws of another state or territory of the United States and whose licence is in good standing for the two previous years in that jurisdiction and if the applicant otherwise meets all other requirements of the Dental Health Care Act, including payment of appropriate fees and passing an examination covering the laws and rules pertaining to practice as a dental hygienist in New Mexico."

Section 11. Section 61-5A-14 NMSA 1978 (being Laws 1994, Chapter 55, Section 14) is amended to read:

"61-5A-14. TEMPORARY LICENSURE.--The [secretary-treasurer of the] board or the committee may issue a temporary license to practice dentistry or dental hygiene to any applicant who is licensed to practice dentistry or dental hygiene in another state or territory of the United States and who is otherwise qualified to practice dentistry or dental hygiene in this state. The following provisions shall apply:

A. the applicant [must] shall hold a valid license in good standing in another state or territory of the United States;

B. the applicant shall practice dentistry or dental hygiene under the sponsorship of or in association with a licensed New Mexico dentist or dental hygienist;

C. the temporary license may be issued for those activities as stipulated by the board or committee in the rules and regulations of the board. It may be issued upon written application of the applicant when accompanied by such proof of qualifications as the secretary-treasurer of the board or committee, in [their] his discretion, may require. Temporary licensees shall engage in only those activities specified on the temporary license for the time designated, and the temporary license shall identify the licensed New Mexico dentist or dental hygienist who will sponsor or associate with the applicant during the time the applicant practices dentistry or dental hygiene in New Mexico;

D. the sponsoring or associating dentist or dental hygienist shall submit an affidavit attesting to the qualifications of the applicant and the activities the applicant will perform;

E. the temporary license shall be issued for a period not to exceed twelve months and may be [reviewed] renewed upon application and payment of required fees;

F. the application for a temporary license under this section shall be accompanied by a license fee; and

G. the temporary licensee shall be required to comply with the Dental Health Care Act and all rules and regulations promulgated pursuant thereto."

Section 12. A new section of the Dental Health Care Act is enacted to read:

"[NEW MATERIAL] NON-DENTIST OWNER--EMPLOYING OR CONTRACTING FOR DENTAL SERVICES.--

A. A person, corporation or agency that desires to function as a non-dentist owner in New Mexico shall apply to the board for the proper license and shall adhere to the requirements, re-licensure criteria and fees as established by the rules and regulations of the board.

B. Unless licensed as a dentist or non-dentist owner, an individual or corporate entity shall not:

(1) employ or contract with a dentist or dental hygienist for the purpose of providing dental or dental hygiene services as defined by their respective scopes of practice; or

(2) enter into a managed care or other agreement to provide dental or dental hygiene services in New Mexico."

Section 13. Section 61-5A-16 NMSA 1978 (being Laws 1994, Chapter 55, Section 16) is amended to read:

"61-5A-16. [LICENSES] LICENSE AND CERTIFICATE RENEWALS.--

A. Except as provided in Subsection I of this section, all licensees shall be required to renew their licenses triennially as established in rules and regulations of the board.

B. All dental assistants certified in expanded functions shall be required to renew their certificates triennially as established in rules and regulations of the board.

C. The board or committee may establish a method to provide for staggered triennial terms and may prorate triennial renewal fees and impaired dentist and dental hygienist fees until staggered triennial renewal is established. The fact that a [practitioner] licensee has not received a renewal form from the board or committee shall not relieve the [practitioner] licensee of the duty to renew the license or certificate nor shall such omission on the part of the board or committee operate to exempt the [practitioner] licensee from the penalties for failure to renew the [practitioner's] licensee's license or certificate.

D. All [licensed practitioners] licensees shall pay a triennial renewal fee and an impaired dentist and dental hygienist fee, and all [practitioners] licensees shall return a completed renewal application form that includes proof of continuing education or continued competency.

E. Each application for triennial renewal of license shall state the [practitioner's] licensee's full name, business address, the date and number of the license and all other information requested by the board or committee.

F. Any [practitioner] licensee who fails to submit an application for triennial renewal on or before July 1 but who submits an application for triennial renewal within thirty days thereafter shall be assessed a late fee.

G. Any [practitioner] licensee who fails to submit application for triennial renewal between thirty and sixty days of the July 1 deadline may have [their] his license or certificate suspended. If the [practitioner] licensee renews by that time, the licensee shall be assessed a cumulative late fee.

H. The board or the committee may summarily revoke, for nonpayment of fees or failure to comply with continuing education or continued competency requirements, the license or certificate of any [practitioner] licensee or certificate holder who has failed to renew his license or certificate on or before August 31.

I. A license for a non-dentist owner shall be renewed triennially as established by rules. An application for renewal of a non-dentist owner license shall state the name, business address, date and number of the license and all other information as required by rule of the board. If a non-dentist owner fails to submit the application for renewal of the license by July 1, the board may assess a late fee. If the non-dentist owner fails to submit the application for a renewal license within sixty days of the July 1 renewal deadline, the board may suspend the license. The license of a non-dentist owner may be summarily revoked by the board for nonpayment of fees.

J. Assessment of fees pursuant to this section is not subject to the Uniform Licensing Act."

Section 14. Section 61-5A-17 NMSA 1978 (being Laws 1994, Chapter 55, Section 17) is amended to read:

"61-5A-17. RETIREMENT AND INACTIVE STATUS.--REACTIVATION.--

A. Any dentist or dental hygienist who wishes to retire from the practice of dentistry or dental hygiene shall meet all requirements for retirement as set by rules and [regulation] regulations of the board and the committee. The licensee shall notify the board or the committee in writing before the expiration of the [practitioner's] licensee's current license, and the secretary of the board or the committee shall acknowledge the [receipts of such] receipt of notice and record the same. If, within a period of [five] three years from the date of retirement, the dentist or dental hygienist wishes to resume practice, the applicant shall so notify the board or the committee in writing and give proof of completing all requirements as prescribed by rules and regulations of the board and the committee to reactivate the license.

B. At any time during the three-year period following retirement, a dentist or dental hygienist with a retired New Mexico license may request in writing to the board or the committee that his license be placed in inactive status. Upon the receipt of the application and fees as determined by the board or the committee and with the approval of the board or the committee, the license may be placed in inactive status. C. A licensee whose license has been placed in inactive status may not engage in any of the activities contained within the scope of practice of dentistry or dental hygiene in New Mexico described in Section 61-5A-4 NMSA 1978.

D. Licensees with inactive licenses must renew their licenses triennially and comply with all the requirements set by the board and the committee.

E. If a licensee with an inactive license wishes to resume the active practice of dentistry or dental hygiene, the licensee must notify the board or the committee in writing and provide proof of completion of all requirements to reactivate the license as prescribed by rule of the board or the committee. Upon payment of all fees due, the board may reactivate the license and the licensee may resume the practice of dentistry or dental hygiene subject to any stipulations of the board or the committee.

F. Inactive licenses must be reactivated or permanently retired within nine years of having been placed in inactive status.

G. Assessment of fees pursuant to this section is not subject to the Uniform Licensing Act."

Section 15. Section 61-5A-18 NMSA 1978 (being Laws 1994, Chapter 55, Section 18) is amended to read:

"61-5A-18. PRACTICING WITHOUT A LICENSE--PENALTY.--

A. Any person who practices dentistry or who attempts to practice dentistry without first complying with the provisions of the Dental Health Care Act and without being the holder of a license entitling the practitioner to practice dentistry in New Mexico is guilty of a fourth degree felony and upon conviction shall be sentenced [under} pursuant to the provisions of the Criminal Sentencing Act to imprisonment for a definite period not to exceed eighteen months and, in the discretion of the sentencing court, to a fine not to exceed five thousand dollars ($5,000), or both. Each occurrence of practicing dentistry or attempting to practice dentistry without complying with the Dental Health Care Act shall be a separate violation.

B. Any person who practices as a dental hygienist or who attempts to practice as a dental hygienist without first complying with the provisions of the Dental Health Care Act and without being the holder of a license entitling the practitioner to practice as a dental hygienist in New Mexico is guilty of a [misdemeanor and upon conviction shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite period not to exceed one year and, in the discretion of the sentencing court, to a fine not to exceed one thousand dollars ($1,000), or both] fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of the Criminal Sentencing Act to imprisonment for a definite period not to exceed eighteen months and, in the discretion of the sentencing court, to a fine not to exceed five thousand dollars ($5,000), or both. Each occurrence of practicing as a dental hygienist or attempting to practice as a dental hygienist without complying with the Dental Health Care Act shall be a separate violation.

C. A person that functions or attempts to function as a non-dentist owner or who is an officer of a corporate entity that functions or attempts to function as a non-dentist owner in New Mexico without first complying with the provisions of the Dental Health Care Act and without being the holder of a license entitling the practitioner to function as a non-dentist owner is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of the Criminal Sentencing Act to imprisonment for a definite period not to exceed one year and, in the discretion of the sentencing court, to a fine not to exceed one thousand dollars ($1,000), or both. Each occurrence of functioning as a non-dentist owner without complying with the Dental Health Care Act shall be a separate violation.

[C.] D. The attorney general or district attorney shall prosecute all violations of the Dental Health Care Act.

[D.] E. Upon conviction of any person for violation of any provision of the Dental Health Care Act, the convicting court may, in addition to the penalty provided in this section, enjoin [him] the person from any further or continued violations of the Dental Health Care Act and enforce the order of contempt proceedings."

Section 16. Section 61-5A-20 NMSA 1978 (being Laws 1994, Chapter 55, Section 20) is amended to read:

"61-5A-20. FEES.--The board and the committee shall establish a schedule of reasonable fees not to exceed the following:

Dentists Dental Hygienists

A. licensure by examination $1,500 $1,000

B. licensure by credential $3,000 $1,500

C. specialty license by

examination $1,500

D. specialty license by

credential $3,000

E. temporary license

48 [hour] hours $ 50 $ 50

six months $ 300 $ 200

12 months $ 450 $ 300

F. application for

certification in local

anesthesia $ 40

G. examination in local

anesthesia $ 150

H. triennial license renewal $ [450] 600 $ [300] 450

I. late renewal $ 100 $ 100

J. reinstatement of license $ 450 $ 300

K. administrative fees $ [200] 300 $ [200] 300

L. impaired dentist or

dental hygienist $ 150 $ 75

M. assistant certificate $ 100

N. application for certification for

collaborative practice $ 150

O. annual renewal for

collaborative practice $ 50

P. application for inactive

status $ 50 $ 50

Q. triennial renewal of

inactive license $ 90 $ 90

Non-dentist Owners

R. non-dentist owners license (initial) $ 300

S. non-dentist owners license triennial renewal $ 150."

Section 17. Section 61-5A-21 NMSA 1978 (being Laws 1994, Chapter 55, Section 21) is amended to read:

"61-5A-21. DISCIPLINARY PROCEEDINGS [JUDICIAL REVIEW]--APPLICATION OF UNIFORM LICENSING ACT.--

A. In accordance with the Uniform Licensing Act and rules and regulations of the board, the board and committee may fine and may deny, revoke, suspend, stipulate or otherwise limit any license or certificate, including those of licensed non-dentist owners, held or applied for under the Dental Health Care Act, upon findings by the board or the committee that the licensee, certificate holder or applicant:

(1) is guilty of fraud or deceit in procuring or attempting to procure a license or certificate;

(2) has been convicted of a crime punishable by incarceration in a federal prison or state penitentiary; provided a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of such conviction;

(3) is guilty of gross incompetence or gross negligence, as defined by regulations of the board, in the practice of dentistry, dental hygiene or dental assisting;

(4) is habitually intemperate or is addicted to the use of habit-forming drugs or is addicted to any vice to such degree as to render the licensee unfit to practice;

(5) is guilty of unprofessional conduct as defined by rule or regulation;

(6) is guilty of any violation of the Controlled Substances Act;

(7) has violated any provisions of the Dental Health Care Act or rule or regulation of the board or the committee;

(8) is guilty of willfully or negligently practicing beyond the scope of [practice] licensure;

(9) is guilty of practicing dentistry or dental hygiene without a license or aiding or abetting the practice of dentistry or dental hygiene by a person not licensed under the Dental Health Care Act;

(10) is guilty of obtaining or attempting to obtain any fee by fraud or misrepresentation or has otherwise acted in a manner or by conduct likely to deceive, defraud or harm the public;

(11) is guilty of patient abandonment;

(12) is guilty of failing to report to the board any adverse action taken against the licensee by a licensing authority, peer review body, malpractice insurance carrier or other entity as defined in rules and regulations of the board and the committee;

(13) has had a license, certificate or registration to practice as a dentist or dental hygienist revoked, suspended, denied, stipulated or otherwise limited in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this subsection. A certified copy of the decision of the jurisdiction taking such disciplinary action will be conclusive evidence; or

(14) has failed to furnish the board, its investigators or its representatives with information requested by the board or the committee in the course of an official investigation.

B. Disciplinary proceedings may be instituted by sworn complaint by any person, including a board or committee member, and shall conform with the provisions of the Uniform Licensing Act.

C. Licensees and certificate holders shall bear the costs of disciplinary proceedings unless exonerated.

D. Any person filing a sworn complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.

E. Licensees whose licenses are in a probationary status shall pay reasonable expenses for maintaining probationary status, including but not limited to laboratory costs when laboratory testing of biological fluids or accounting costs when audits are included as a condition of probation."

Section 18. Section 61-5A-25 NMSA 1978 (being Laws 1994, Chapter 55, Section 25) is amended to read:

"61-5A-25. PROTECTED ACTIONS AND COMMUNICATIONS.--

A. No member of the board or the committee or any ad hoc committee appointed by the board or the committee shall bear liability or be subject to civil damages or criminal prosecutions for any action undertaken or performed within the proper functions of the board or the committee.

B. All written and oral communication made by any person to the board or the committee relating to actual or potential disciplinary action, which includes complaints made to the board or the committee, shall be confidential communications and are not public records for the purposes of the Public Records Act. All data, communications and information acquired, prepared or disseminated by the board or the committee relating to actual or potential disciplinary action or [in] its investigation of complaints shall not be disclosed except to the extent necessary to carry out the purposes of the board or the committee or in a judicial appeal from the actions of the board or the committee or in a referral of cases made to law enforcement agencies, national database clearinghouses or other licensing boards.

C. Information contained in complaint files is public information and subject to disclosure when the board or the committee acts on a complaint and [it] issues a notice of contemplated action or reaches a settlement prior to the issuance of a notice of contemplated action.

D. No person or legal entity providing information to the board or the committee, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions."

Section 19. Section 61-5A-26 NMSA 1978 (being Laws 1994, Chapter 55, Section 26) is amended to read:

"61-5A-26. FUND ESTABLISHED.--

A. There is created in the state treasury the "board of [dental health care] dentistry fund".

B. All [funds] money received by the board and money collected under the Dental Health Care Act shall be deposited with the state treasurer. The state treasurer shall credit this money to the board of dentistry fund except money collected for the impaired assessment, which shall be held separate from the board fund. Fees collected by the board from fines shall be deposited in the board of [dental health care] dentistry fund and, at the discretion of the board and the committee, may be transferred into the impaired dentists and dental hygienists fund.

C. Payment out of the board of [dental health care] dentistry fund shall be on vouchers issued and signed by the secretary-treasurer of the board upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.

D. All amounts paid into the board of [dental health care] dentistry fund are subject to the order of the board and are to be used only for meeting necessary expenses incurred in executing the provisions and duties of the Dental Health Care Act. All money unused at the end of any fiscal year [remains] shall remain in the fund for use in accordance with provisions of the Dental Health Care Act.

E. All funds that have accumulated to the credit of the [dental] board under any previous law shall be continued for use by the board in administration of the Dental Health Care Act."

Section 20. Section 61-5A-30 NMSA 1978 (being Laws 1994, Chapter 55, Section 42, as amended) is amended to read:

"61-5A-30. DELAYED REPEAL.--The New Mexico board of [dental health care] dentistry is terminated on July 1, [2003] 2009 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Dental Health Care Act and the Impaired Dentists and Dental Hygienists Act until July 1, [2004] 2010. Effective July 1, [2004] 2010, the Dental Health Care Act and the Impaired Dentists and Dental Hygienists Act are repealed."

Section 21. Section 61-5B-2 NMSA 1978 (being Laws 1994, Chapter 55, Section 31) is amended to read:

"61-5B-2. DEFINITIONS.--As used in the Impaired Dentists and Dental Hygienists Act:

A. "board" means the New Mexico board of [dental health care] dentistry;

B. "dental hygienists committee" means the New Mexico dental hygienists committee [of the New Mexico board of dental health care];

C. "dentistry or dental hygiene" means the practice of dentistry or dental hygiene; and

D. "licensee" means a dentist or dental hygienist licensed by the board."