FIFTY-FIFTH LEGISLATURESB 200/a

FIRST SESSION, 2021

February 15, 2021

Mr. President:

    Your HEALTH AND PUBLIC AFFAIRS COMMITTEE, to whom has been referred

SENATE BILL 200

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, line 12, before the period, insert "; CLARIFYING THAT A DENTIST, DENTAL HYGIENIST OR DENTAL THERAPIST PRACTICING TELEDENTISTRY IS SUBJECT TO DISCIPLINARY PROCEEDINGS PERTAINING TO LICENSURE".

    2. On page 7, line 21, strike "the" and insert in lieu thereof "a dentist's, dental hygienist's or dental therapist's".

 

    3. On page 7, line 24, after "support", insert "dental".

    4. On page 8, line 1, strike "medical" and insert in lieu thereof "dental".

    5. On page 8, between lines 1 and 2, insert the following new section:

    "SECTION 2. Section 61-5A-21 NMSA 1978 (being Laws 1994, Chapter 55, Section 21, as amended) is amended to read:

    "61-5A-21. DISCIPLINARY PROCEEDINGS--APPLICATION OF UNIFORM LICENSING ACT.--

         A. In accordance with the Uniform Licensing Act and rules of the board, the board and, as relates to dental hygienist licensure, 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 rules of the board, in the practice of dentistry, dental therapy, 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;

             (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, as relates to the practice of dental hygiene, the committee;

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

             (9) is guilty of practicing dentistry, dental therapy or dental hygiene without a license or aiding or abetting the practice of dentistry, dental therapy 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 of the board and the committee;

             (13) has had a license, certificate or registration to practice as a dentist, dental therapist 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 laboratory costs when laboratory testing of biological fluids or accounting costs when audits are included as a condition of probation.

         F. A dentist, dental hygienist or dental therapist practicing teledentistry is subject to the provisions of this section."".,

and thence referred to the JUDICIARY COMMITTEE.

                               Respectfully submitted,

                               ___________________________________

                                Gerald Ortiz y Pino, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 5 For 0 Against

Yes:      5

No:       0

Excused: Gallegos, Ingle, Schmedes

Absent:   None

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