44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO DENTISTRY; REQUIRING AS A CONDITION OF LICENSE RENEWAL PROOF OF CARE FOR MEDICAID AND DEVELOPMENTALLY DISABLED PATIENTS; PROVIDING EXCEPTIONS.

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

Section 1. 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. 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 or certificate holder has not received a renewal form from the board or committee shall not relieve the [practitioner] licensee or certificate holder 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 or certificate holder from the penalties for failure to renew the [practitioner's] license or certificate.

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

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

F. Any [practitioner] licensee or certificate holder 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 or certificate holder 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 or certificate holder renews by that time, the licensee or certificate holder shall be assessed a cumulative late fee.

H. The board or 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] anyone who has failed to renew his license or certificate on or before August 31.

I. After January 1, 2000, as a condition of license renewal a dentist must show proof that at least ten percent of his patients are medicaid recipients and at least one percent of his patients are developmentally disabled.

This subsection does not apply to retired dentists or locum tenens dentists who do not maintain a separate practice. A dentist who cannot meet the percentage requirements of this subsection may be granted a license renewal if he can prove to the board's satisfaction that:

(1) the population of the geographical area of his practice does not support the percentages required by this subsection; and

(2) he has an active outreach program to attract medicaid and developmentally disabled patients, and he has the highest number of medicaid and developmentally disabled patients as practicable given the population."