New Mexico Register / Volume XXX, Issue 17 / September 10,
2019
PUBLIC RULE
HEARING AND REGULAR BOARD MEETING
LEGAL NOTICE
The
New Mexico Board of Dental Health Care will hold a rule hearing on Friday,
October 25, 2019, at 8:30 a.m. Following
the rule hearing, the Board will convene a regular board meeting to adopt the
rules and take care of regular business.
The rule hearing and board meeting will be held at the Regulation and
Licensing Department, 2550 Cerrillos Road, Santa Fe, NM, in the Rio Grande
Conference Room.
The
purpose of the rule hearing is to consider proposed amendments to include: (1) consolidating the advertising rules to
one part, (2) updates to clinical exams for dentists, (3) sedation continuing
education was updated, (4) guidelines for sleep apnea were added, (5) a grace
period was added for EFDA apprenticeship.
Also, parts 16.5.1, 16.5.6, 16.5.10, 16.5.16, 16.5.30 will be repealed
and replaced to comply with State Records new updated formatting requirements.
Amendments are intended to update definitions, consolidate advertising rules in
one location for ease of understanding, clarifying specialty advertising and
use of testimonials, clarifying continuing education requirements for dentists
with sedation/anesthesia permits, adding guidelines for dentists who treat
medically diagnosed snoring and sleep apnea, removing advertising language from
dentists and hygienists sections and placing in general provisions, allowing a
grace period for EFDA certifications, and adding language to opioid
prescription requirements that is required by new statute. The amendments,
repeal and replace are related to the following rules:
16.5.1
NMAC - General Provisions;
16.5.6
NMAC - Dentists, Licensure by Examination;
16.5.10
NMAC - Dentists, Continuing Education Requirements;
16.5.14
NMAC - Dentists, Adjunctive Dental Services;
16.5.16
NMAC - Dentists, Disciplinary Proceedings, License Revocation or Suspension for
Disciplinary Actions;
16.5.30
NMAC - Dental Hygienists, Disciplinary Proceedings, License Revocation or
Suspension for Disciplinary
Actions;
16.5.42
NMAC - Expanded Function Dental Auxiliary, Requirements for Certification; and
16.5.57
NMAC - Management of Pain with Controlled Substances
To
obtain and review copies of the proposed changes you may go to the Board’s
website at:
http://www.rld.state.nm.us/boards/Dental_Health_Care_Rules_and_Laws.aspx or
contact the Boards and Commissions Division at 505.476.4622.
The
Board is currently accepting public comments on the proposed amendments. Please submit written comments on the
proposed changes to Roberta Perea, Board Administrator via electronic mail at dental.board@state.nm.us or by regular mail at
P.O. Box 25101, Santa Fe, NM 87504 no later than Thursday, October 24,
2019. Persons will also be given the
opportunity to present their comments at the rule hearing. All written comments will be posted to the
Board’s website at: http://www.rld.state.nm.us/boards/Dental_Health_Care_Rules_and_Laws.aspx, no more than three business days following receipt to
allow for public view.
An individual with a disability who is in need of a
reader, amplifier, qualified sign language interpreter, or other form of
auxiliary aid or service to attend or participate in the hearing, please contact
Roberta Perea, Board Administrator at (505) 476-4622.
Statutory Authority:
Sections 61-5A-6, 61-5A-10 and 61-5A-12, NMSA 1978.
Summary of Proposed Changes:
16.5.1 NMAC - General Provisions
Previous rules of advertising were in various
parts of the code. This consolidates all
guidelines for all licensees and adds and modifies new language. Additions include guidelines for bait
advertising, responsibilities for advertisements, testimonials, scope of
practice, promotional items and signage, websites, claims of superiority, use
of acronyms, and specialty advertising.
Our past rules have been inadequate in addressing the current multiple
levels of advertising and promotion.
Federal code and NM Statute have been referenced in these new rules.
NERB has officially changed its name to CDCA.
Both acronyms will be kept due to numerous references in Rules.
16.5.6 NMAC - Dentists, Licensure by
Examination
The
current landscape in clinical dental testing is changing to reduce requirements
for passing examinations. The Board
feels like certain clinical procedures should still remain in place in order to
accept qualified dentists for licensure in NM.
Currently, the board accepts clinical exams from all of the testing
services. Consequently, the board fells
that each clinical exam should be similar in testing the skills and judgment of
dental candidates, and that no one single exam be more
attractive to candidates because of reduced requirements.
16.5.10. NMAC - Dentists, Continuing
Education Requirements
New rules for sedation passed last year
therefore, an increase in the requirements for continuing education for
re-certifications is required. This
section was in conflict and now reflects same requirements by referring to the
anesthesia section.
16.5.14 NMAC - Dentists, Adjunctive Dental Services
In the adjunctive services section, we need
guidelines for the screening and treatment of snoring and obstructive sleep
apnea. There is a large overlap of
medicine and dentistry, and scope of practice issues are sometimes at
odds. These new rules reference the
recommendations from the American Dental Association, and the American Academy
of Dental Sleep Medicine. These two
organizations are at the forefront of this very important and evolving health
concern.
16.5.16 NMAC - Dentists, Disciplinary
Proceedings, License Revocation or Suspension for Disciplinary Actions
Refers to new advertising guidelines in Part
1, General Provisions. Also corrects grammar.
16.5.30 NMAC - Dental Hygienists,
Disciplinary Proceedings, License Revocation or Suspension for Disciplinary
Actions
Refers to new advertising guidelines in Part
1, General Provisions. Also corrects grammar.
16.5.42 NMAC - Expanded Function Dental Auxiliary,
Requirements for Certification
Allows a
grace period for certification for EFDA for certain hardships during
apprenticeship, for example, pregnancy or maternity leave, at the discretion of
the board chair, or vice-chair.
16.5.57 NMAC - Management of Pain with Controlled
Substances
Rules
were added to comply with SB221 which went into law on June 14, 2019. This requires health care providers to
co-prescribe an opioid antagonist.