HOUSE BILL 261

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Rebecca Dow and Javier Martínez

 

 

 

 

 

AN ACT

RELATING TO OCCUPATIONAL LICENSING; AUTHORIZING THE NEW MEXICO BOARD OF DENTAL HEALTH CARE TO ISSUE A NEW MEXICO DENTISTRY LICENSE TO AN APPLICANT WHO HOLDS A LICENSE, OR WHO HAS OBTAINED EDUCATION OR TRAINING, FROM ANOTHER COUNTRY THAT HAS LICENSURE, EDUCATION AND TRAINING REQUIREMENTS THAT ARE AT LEAST EQUIVALENT TO THOSE OF NEW MEXICO.

 

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

     SECTION 1. Section 61-5A-3 NMSA 1978 (being Laws 1994, Chapter 55, Section 3, as amended) 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;

          B. "board" means the New Mexico board of dental health care;

          C. "certified dental assistant" means an individual certified by the dental assisting national board;

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

          E. "committee" means the New Mexico dental hygienists committee;

          F. "community dental health coordinator" means a dental assistant, a dental hygienist or other trained personnel certified by the board as a community dental health coordinator to provide educational, preventive and limited palliative care and assessment services working collaboratively under the general supervision of a licensed dentist in settings other than traditional dental offices and clinics;

          G. "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 of the board and the committee;

          H. "dental hygiene-focused assessment" means the documentation of existing oral and relevant system conditions and the identification of potential oral disease to develop, communicate, implement and evaluate a plan of oral hygiene care and treatment;

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

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

          K. "dental laboratory" means any place where dental restorative, prosthetic, cosmetic and therapeutic devices or orthodontic appliances are fabricated, altered or repaired by one or more persons under the orders and authorization of a dentist;

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

          M. "dental therapist" means an individual who:

                (1) is licensed as a dental hygienist;

                (2) has provided, in accordance with board rules, evidence to the board that the individual has graduated and received a degree from a dental therapy education program that is accredited by the commission on dental accreditation; and

                (3) except as the context otherwise requires, is licensed to practice dental therapy in the state;

          N. "dental therapy post-graduate clinical experience" means advanced training in patient management and technical competency:

                (1) that is approved by the board, based on educational and supervisory criteria developed by the board and established by board rule;

                (2) that is sanctioned by a regionally accredited educational institution with a program accredited by the commission on dental accreditation;

                (3) that consists of two thousand hours of advanced training or, if the dental therapy educational program graduate has five years of experience as a dental hygienist, one thousand five hundred hours of advanced training; and

                (4) for which the dental therapist may have been compensated;

          O. "dental therapy practice agreement" means a contract between a supervising dentist and a dental therapist that outlines the parameters of care, level of supervision and protocols to be followed while performing dental therapy procedures on patients under the supervising dentist's and dental therapist's care;

          P. "dentist" means an individual who has graduated and received a degree from a school of dentistry that is accredited by the commission on dental accreditation or from a school of dentistry located outside the United States that the board has determined provides an education that is at least equivalent to the education provided by a school accredited by the commission on dental accreditation and, except as the context otherwise requires, who holds a license to practice dentistry in New Mexico;

          Q. "direct supervision" means the process under which an act is performed when a dentist licensed pursuant to the Dental Health Care Act:

                (1) is physically present throughout the performance of the act;

                (2) orders, controls and accepts full professional responsibility for the act performed; and

                (3) evaluates and approves the procedure performed before the patient departs the care setting;

          R. "expanded-function dental auxiliary" means a dental assistant, dental hygienist or other dental practitioner that has received education beyond that required for licensure or certification in that individual's scope of practice and that has been certified by the board as an expanded-function dental auxiliary who works under the direct supervision of a dentist;

          S. "federally qualified health center" means a health facility that the United States department of health and human services has deemed to qualify for federal funds as a federally qualified health center;

          T. "federally qualified health center look-alike facility" means a health facility that the federal centers for medicare and medicaid services certifies as a federally qualified health center look-alike facility;

          U. "general supervision" means the authorization by a dentist of the procedures to be used by a dental therapist, community dental health coordinator, 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;

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

          W. "long-term care facility" means a nursing home licensed by the department of health to provide intermediate or skilled nursing care;

          X. "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;

          Y. "nonprofit community dental organization" means a community-supported entity that:

                (1) provides clinical dental services primarily to low-income patients or medicaid recipients; and

                (2) has demonstrated to the taxation and revenue department that it has been granted exemption from the federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended or renumbered;

           Z. "palliative procedures" means nonsurgical, reversible procedures that are meant to alleviate pain and stabilize acute or emergent problems; and

          AA. "teledentistry" means a dentist's use of health information technology in real time to provide limited diagnostic and treatment planning services in cooperation with another dentist, a dental therapist, a dental hygienist, a community dental health coordinator or a student enrolled in a program of study to become a dental assistant, dental hygienist, dental therapist or dentist."

     SECTION 2. 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 degree from a school of dentistry that is accredited by the commission on dental accreditation or from a school of dentistry located outside the United States that the board has determined provides an education that is at least equivalent to the education provided by a school accredited by the commission on dental accreditation and shall 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 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 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. These examinations shall include examinations offered by the central regional dental testing service, [northeast regional board of dental examiners] commission on dental competency assessments, southern regional testing agency or western regional examining board or any other comparable practical clinical examination the board approves; provided, however, that the board may disapprove any examination after it considers compelling evidence to support disapproval. 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 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 or another country that the board has determined has regulatory requirements at least equivalent to those of New Mexico; 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 or countries in which the applicant has had a license in the five years prior to application; and that a review of public records, the national practitioner data bank or other nationally recognized data resources that record actions against a dentist in the United States or other countries 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 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 or another country that the board has determined has regulatory requirements at least equivalent to those of New Mexico.

          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 commission on dental accreditation or a dental college, school of dentistry of a university or other residency program located outside the United States that the board has determined provides an education that is at least equivalent to the education provided by a school accredited by the 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 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 or another country that the board has determined has a clinical examination at least equivalent to that of New Mexico 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 commission on dental accreditation or a dental college, school of dentistry of a university or other residency program located outside the United States that the board has determined provides an education that is at least equivalent to the education provided by a school accredited by the 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 or countries in which the applicant has had a license in the five years prior to application; and that a review of public records, the national practitioner data bank or other nationally recognized data resources that record actions against a dentist in the United States or other countries 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 3. Section 61-5A-14 NMSA 1978 (being Laws 1994, Chapter 55, Section 14, as amended) is amended to read:

     "61-5A-14. TEMPORARY LICENSURE.--The board or the committee may issue a temporary license to practice dentistry or dental hygiene to [any] an applicant who is licensed to practice dentistry or dental hygiene in another state or territory of the United States or who is licensed to practice dentistry in another country that the board has determined has regulatory requirements at least equivalent to those of New Mexico and who is otherwise qualified to practice dentistry or dental hygiene in this state. The following provisions shall apply:

          A. the applicant shall hold a valid license in good standing in another state or territory of the United States or in another country that the board has determined has regulatory requirements at least equivalent to those of New Mexico;

          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 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 [his] the secretary-treasurer's 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 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 promulgated pursuant thereto."

     SECTION 4. Section 61-5A-14.1 NMSA 1978 (being Laws 2011, Chapter 113, Section 10) is amended to read:

     "61-5A-14.1. PUBLIC-SERVICE LICENSURE.--The board or the committee may issue a temporary public-service license to practice dentistry or dental hygiene to an applicant who is licensed to practice dentistry or dental hygiene in another state or territory of the United States or who is licensed to practice dentistry in another country that the board has determined has regulatory requirements at least equivalent to those of New Mexico or who is enrolled as a dental resident in a residency program in this state and the commission on dental accreditation has accredited that program. That applicant shall be otherwise qualified to practice dentistry or dental hygiene in this state. The following provisions shall apply:

          A. the applicant for public-service licensure shall hold a valid license in good standing in another state or territory of the United States or in another country that the board has determined has regulatory requirements at least equivalent to those of New Mexico or be enrolled as a dental resident in a residency program in the state that the commission on dental accreditation has accredited;

          B. a temporary public-service license issued to a dental residency student who has not taken and passed a clinical examination accepted by the board shall not be renewed after the student has completed the residency program;

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

          D. the public-service license may be issued for those activities as stipulated by the board or committee in the rules 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 the secretary-treasurer's discretion, may require. Public-service licensees shall engage in only those activities specified on the public-service license for the time designated, and the public-service 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;

          E. 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;

          F. the public-service license shall be issued for a period not to exceed twelve months and may be renewed upon application and payment of required fees;

          G. the application for a public-service license under this section shall be accompanied by a license fee;

          H. the public-service licensee shall be required to comply with the Dental Health Care Act and all rules promulgated pursuant to that act; and

          I. a dentist or dental hygienist providing dental care services to a charitable dental care project may provide dental care pursuant to a presumptive temporary public-service license valid for a period of no longer than three days. The dentist or dental hygienist shall be otherwise subject to the provisions of this section and board rules governing public-service licensure. This presumptive temporary public-service license is only valid when:

                (1) the dentist or dental hygienist receives no compensation;

                (2) the project is sponsored by an entity that meets the board's definition of "entity" and that the board has approved to undertake the charitable project;

                (3) the dental care is performed within the limits of the license that the dentist or dental hygienist holds in another jurisdiction;

                (4) upon request, the out-of-state or out-of-country dentist or out-of-state dental hygienist produces any document necessary to verify the dentist's or dental hygienist's credentials; and

                (5) the out-of-state or out-of-country dentist or out-of-state dental hygienist works under the indirect supervision of a dentist or dental hygienist licensed in this state."

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.

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