SENATE BILL 805
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Shannon Robinson
AN ACT
RELATING TO HEALTH; AUTHORIZING A DENTAL HYGIENIST TO ADMINISTER FLUORIDE TREATMENTS WITHOUT THE SUPERVISION OF A DENTIST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-5A-1 NMSA 1978 (being Laws 1994, Chapter 55, Section 1) is amended to read:
"61-5A-1. SHORT TITLE.--[Sections 1 through 29 of this act] Chapter 61, Article 5A NMSA 1978 may be cited as the "Dental Health Care Act"."
Section 2. 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] the individual's 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;
(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 for other than the purpose of consultation to another dentist; or
(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] a 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 radiographs; or
(j) do any other remedial, corrective or restorative work.
B. As used in the Dental Health Care Act, "the practice of dental 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) assessment of periodontal conditions; and
(7) such other closely related services as permitted by the rules of the committee and the board.
C. In addition to performing dental hygiene as defined in Subsection B of this section, a dental hygienist may apply preventive topical fluorides and remineralization agents without supervision in public and community medical facilities, schools, hospitals, long-term care facilities and such other settings as the committee may determine by rule ratified by the board, so long as the dental hygienist's license is not restricted pursuant to the Impaired Dentists and Dental Hygienists Act.
[C.] D. In addition to performing dental hygiene as defined in Subsection B of this section, dental hygienists who have met [such] the criteria as the committee shall establish and the board ratify may administer local anesthesia under indirect supervision of a dentist.
[D.] E. A New Mexico licensed dental hygienist may be certified for collaborative dental hygiene practice in accordance with the educational and experience criteria established collaboratively by the committee and the board.
[E.] F. For the purpose of this section, "collaborative 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 established and approved by both the board and the committee."
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