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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.--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 the

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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;

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(b) perform surgery, an extraction or

any other operation or to administer an anesthetic in

connection therewith;

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

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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

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license is not restricted pursuant to the Impaired Dentists

and Dental Hygienists Act.

D. In addition to performing dental hygiene as

defined in Subsection B of this section, dental hygienists

who have met the criteria as the committee shall establish

and the board ratify may administer local anesthesia under

indirect supervision of a dentist.

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.

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."