TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 5 DENTISTRY
(DENTISTS, DENTAL HYGIENISTS, ETC.)
PART 9 NON-DENTIST
OWNERS
16.5.9.1 ISSUING
AGENCY: New Mexico Board of Dental Health Care.
[16.5.9.1 NMAC - Rp,
16.5.9.1 NMAC, 5/31/2023]
16.5.9.2 SCOPE: The
provisions of 16.5.9 NMAC apply to all parts of Chapter 5 and provide relevant
information to any person who wishes to own a practice and is not a dentist or
collaborative practice dental hygienist licensed in New Mexico.
[16.5.9.2 NMAC - RP,
16.5.9.2 NMAC, 5/31/2023]
16.5.9.3 STATUTORY
AUTHORITY: Sections 61-5A-1 through Section 61-5A-30 NMSA
1978.
[16.5.9.3 NMAC - Rp,
16.5.9.3 NMAC, 5/31/2023]
16.5.9.4 DURATION:
Permanent.
[16.5.9.4 NMAC - Rp,
16.5.9.4 NMAC, 5/31/2023]
16.5.9.5 EFFECTIVE
DATE: May 31, 2023, unless a later date is cited at
the end of a section.
[16.5.9.5 NMAC - Rp,
16.5.9.5 NMAC, 5/31/2023]
16.5.9.6 OBJECTIVE: To
set forth the provisions which apply to all of Chapter 5, and to all persons
and entities affected or regulated by Chapter 5 of Title 16, and to all persons
and entities affected or regulated by Chapter 5 of Title 16.
[16.5.9.6 NMAC - Rp,
16.5.9.6 NMAC, 5/31/2023]
16.5.9.7 DEFINITIONS:
A. “Employee” means a licensee of the
board employed or contracted with a non-dentist owner for the purpose of
providing dental or dental hygiene services as defined by their respective
scopes of practice; or enters into a managed care or other agreement to provide
dental or dental hygiene services in New Mexico.
B. “Exempted entities” not included in
non-dentist owner, under the following stipulations an
entity may function as a non-dentist owner without a New Mexico license:
(1) government
agencies providing dental services within affiliated facilities;
(2) government
agencies engaged in providing public health measures to prevent dental disease;
(3) spouses
of a deceased licensed dentist or dental hygienists for a period of one year
following the death of the licensee;
(4) accredited
school of dentistry, dental hygiene or dental assisting providing dental
services solely in an education setting only;
(5) dental
hygienists licensed in New Mexico or corporate entities with a majority
interest owned by a dental hygienist licensed in New Mexico;
(6) federally
qualified health centers, as designated by the United States department of
health and human services, providing dental services;
(7) nonprofit
community-based entities and organizations that use public funds to provide
dental and dental hygiene services for indigent person; and
(8) hospitals
licensed by the department of health.
C. “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.
[16.5.9.7 NMAC - Rp,
16.5.9.7 NMAC, 5/31/2023]
16.5.9.8 RESPONSIBILITY
OF NON-DENTIST OWNER: To employ and contract for
dental services, a non-dentist owner shall apply to the board for the proper
license and adhere to the re-licensure criteria and fees as established by the
rules of the board.
A. unless licensed
as a dentist or non-dentist owner an individual or corporate entity shall not:
(1) employ
or contract with a dentist or dental hygienist for the purpose of providing
dental or dental hygiene services as defined by their respective scopes of
practice; or
(2) enter
into a managed care or other agreement to provide dental or dental hygiene
services in New Mexico.
B. the non-dentist
owner licensee shall follow the provisions of 16.5.16 NMAC; failure of the
licensee or an employee of the licensee to follow these provisions will result
in disciplinary actions as defined in 16.5.16 NMAC;
C. if an employee
dentist or dental hygienist leaves the non-dentist owner practice, the
non-dentist owner is responsible for the continued uninterrupted care of the
patient by another licensed dentist or dental hygienist;
D. non-dentist
owner shall notify the board in writing within 30 days of any changes in
ownership;
E. non-dentist
owner shall notify the board in writing within 30 days of any employment
changes of board licensed employees;
F. non-dentist
owner shall notify the board within 30 days of any disciplinary actions against
the non-dentist owner(s);
G. non-dentist
owner employees shall follow provision of 16.5.16 NMAC; failure of an employee
of the licensee to follow these provisions will result in disciplinary actions
as defined in 16.5.16 NMAC;
H. non-dentist
owners licensed prior to the effective date of these rules shall be allowed to
maintain their existing license(s);
I. the name and
contact information of the non-dentist owner(s) shall be prominently displayed
in a public area of the practice location(s) and on all advertisements of the
practice;
J. the non-dentist
owner(s) shall prominently display in a public area of the practice location(s)
and on all advertisements the practice names of employee(s) licensed by the
board;
K. no person other
than a New Mexico licensed dentist shall have direct control or interfere with
the dentist’s or dental hygienist’s clinical judgment and treatment, including,
referrals or prescriptions of laboratory services;
L. non-dentist
owners shall maintain patient records for a minimum of six years; and
M. a non-dentist
owner licensee shall notify the board of any adverse action taken against such
licensee by any licensing board, peer review body, malpractice insurance
carrier, or any other entity as defined by the board; a non-dentist owner
licensee shall also notify the board of its surrender of a license while under,
or in lieu of, an investigation by any authority; such report shall be made in
conformance with the provision of 16.5.3 NMAC.
N. the non-dentist
owner shall be subject to the provisions of 16.5.58 NMAC.
[16.5.9.8 NMAC - Rp,
16.5.9.8 NMAC, 5/31/2023]
16.5.9.9 RESPONSIBILITY
OF DENTISTS AND DENTAL HYGIENIST EMPLOYED BY A NON-DENTIST OWNER:
Dentists and dental hygienists employed by a non-dentist owner shall
report such employment in their initial and renewal applications, including the
name, address and phone number of the non-dentist owner or corporation, and the
name of their immediate manager or supervisor.
[16.5.9.9 NMAC - Rp,
16.5.9.9 NMAC, 5/31/2023]
16.5.9.10 DOCUMENTATION
REQUIREMENTS: Each applicant for a non-dentist owner
license shall submit a completed application obtained from the board office
with the required fees and the following documentation:
A. completed
application signed by the individual that is the non-dentist owner or by the
president of the parent corporation; applications are valid for one year from
the date of receipt;
B. the board
requires a board designated professional background service report; the applicant will apply and pay fees
directly to a board designated professional background service to initiate this service; if the applicant
has or has had a professional license in dentistry or another related health
care profession the board designated professional background service report
will do a search of those appropriate databases for past disciplinary action as
well as a criminal background check; in the case of any corporation entity, the
board requires a review of public records and other nationally recognized data
resources that record actions against a corporation in the United States that
may 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;
C. passed the
jurisprudence examination with a score of at least seventy-five percent;
D. non-dentist
owner(s) shall comply with Subsection C of this section within six months of
the effective date of the rule;
E. verification of licensure in all states where the non-dentist owner holds or has held a license, or other health care profession; verification shall be sent directly to the office from the other state(s) board, shall include a raised seal, and shall attest to the status, issue date, expiration date, license number, and other information contained on the form; and
F. the
board may deny, stipulate, or otherwise limit a license if it is determined the
applicant is guilty of violating any of the provisions of the act, the Uniform
Licensing Act, the Impaired Dentists and Hygienists Act, these rules, or if it
is determined that the applicant poses a threat to the welfare of the public.
[16.5.9.10 NMAC - Rp,
16.5.9.10 NMAC, 5/31/2023]
16.5.9.11 LICENSURE
PROCEDURE: Upon receipt of a completed application,
including all required documentation and fees, the secretary-treasurer or the
delegate of the board will review and may approve the application. The board shall formally accept the approval
of the application at the next scheduled meeting.
A. Initial license: Non-dentist owner licenses are issued for a
period not to exceed three years. The
licensee shall apply for renewal on a triennial basis.
B. Posting: The license and subsequent
renewal certificates shall be posted in each place of business. Duplicates may be requested from the board
office with location of each business address where
they will be posted for the public to view.
C. License: This license is non-transferable.
D. Renewal: After the initial license period, non-dentist
owner licenses expire every three years on July 1. Licenses not renewed
by July 1 are considered expired.
(1) A
completed renewal application with appropriate fees shall be post-marked on or
before July 1 of the renewal year.
(2) The
board assumes no responsibility for renewal applications not received by the
licensee for any reason. It is the
licensee’s responsibility to make timely request for
the renewal form if one has not been received 30 days prior to license
expiration.
E. Late renewals: Renewal applications post-marked after July 1
and prior to August 1 of the renewal year shall be accompanied by the completed
renewal application, the triennial renewal fee, and the late fee.
(1) Renewal
applications post-marked on or after August 1 but before September 1 of the
renewal year, shall be accompanied by the completed application, the triennial
renewal fee, a late fee, and a cumulative late fee of ten-dollars ($10) per day
from August 1 to the date of the postmark or hand-delivery to board office.
(2) If
a renewal application is not received by the board office, or post-marked
before September 1, the license shall be summarily revoked for non-payment of
fees. Dental professionals in such
offices or clinics shall cease and desist from further practice of dentistry or
dental hygiene until non-dentist owner has renewed or re-applied.
F. Fees:
(1) Initial Licensure: $300.
(2) Renewal: $150.
[16.5.9.11 NMAC - Rp,
16.5.9.11 NMAC, 5/31/2023]
16.5.9.12 PREREQUISITES FOR NON-DENTIST OWNER: Each applicant for licensure as a non-dentist owner shall possess the following:
A. a corporate
entity must be registered in New Mexico; and
B. an individual non-dentist
owner(s) or agent of a corporation shall pass the New Mexico jurisprudence
examination with seventy-five percent.
[16.5.9.12 NMAC - Rp, 16.5.9.12 NMAC, 5/31/2023]
HISTORY OF 16.5.9 NMAC: [RESERVED]
History of Repealed Material:
16.5.9 NMAC, Non-Dentist Owners, filed
2/4/2005 Repealed effective 5/31/2023.
Other History:
16.5.9 NMAC, Non-Dentist Owners, filed 2/4/2005 Replaced by 16.5.9 NMAC,
Non-Dentist Owners, effective 5/31/2023.