New Mexico Register / Volume XXXIV,
Issue 5 / March 14, 2023
NOTICE OF PUBLIC
RULE HEARING AND REGULAR BOARD MEETING
The New Mexico Board of Dental Health Care (“Board”)
will hold a rule hearing on Friday, April 14, 2023, 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 at 2550
Cerrillos Rd, Santa Fe, NM 87507 in the Rio Grande Conference Room.
The rule hearing and subsequent Board meeting
will also be held virtually via Webex.
To join the meeting, please visit the link below:
https://nmrld.webex.com/nmrld/j.php?MTID=m38fa8115b75aa42a03f6d3d72d5fd8ae
To
join the meeting by phone: +1-415-655-0002
United States Toll
Access
Code: 2486 017 9300
The
purpose of the rule hearing is to consider proposed amendments to the following
rules:
16.5.1
- General Provisions
16.5.4
- Emergency Licensure and Certification Provisions
16.5.6
- Dentists, Licensure by Examination
16.5.8
- Dentists, Licensure by Credentials
16.5.9
- Non-Dentist Owners
16.5.15
- Dentists, Anesthesia/Sedation Administration
16.5.17
- Dentists and Dental Hygienists, Collaborative Practice
16.5.19
- Dental Hygienists, Licensure by Examination
16.5.20
- Dental Hygienists, Licensure by Credentials
16.5.28
- Dental Hygienists, Local Anesthesia Certification
16.5.33
- Dental Assistants, Requirements for Certification
16.5.39
- Dental Assistants, Practice and Supervision
16.5.42
- Expanded Function Dental Auxiliary, Requirements for Certification
16.5.61
- Dental Therapists, Licensure and Certification
To
obtain and review copies of the proposed changes and public comments, you may
go to the Board’s website at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/dental-health-care-overview/dhc-laws-rules-and-policies/
or contact the Boards and Commissions Division at (505) 476-4622.
The
Board is currently accepting public written 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, April 13, 2023. Written
comments received prior to the rule hearing will be posted to the RLD website
at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/dental-health-care-overview/dhc-laws-rules-and-policies/. Persons will also be given the opportunity to
present their written or oral comments at the public rule hearing.
The agenda for the board meeting
will be posted and available at least 72 hours before the meeting on the Board
website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/dental-health-care-overview/dhc-board-information/dhc-board-meetings/. Copies
of the rules or the agenda may also be obtained by contacting Roberta Perea,
Board Administrator at (505) 476-4622.
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 (505) 476-4622.
Statutory
Authority:
The
Dental Health Care Act, Section Paragraphs (1) thru (5) of Subsection B of
Section 61-5A-10 and 61-5A-13.1 NMSA 1978 authorizes the Board to promulgate
rules necessary to provide to regulate the practice of dentistry, dental
therapy and dental assisting and through the committee, regulate the practice
of dental hygiene.
Purpose of the
Proposed Rules:
The proposed rules are intended to provide
clarity regarding the requirements for licensure and certification under all
parts of the board’s rules, provide fluidity and correct any existing
typographical or grammatical errors.
Summary of Proposed
Changes:
16.5.1 - General
Provisions
The
proposed amendments to this part updates the
definitions and continuing legal education sections to provide clarity,
fluidity and correct any existing typographical or grammatical errors.
16.5.4 - Emergency
Licensure and Certification Provisions
The
proposed amendments to this part delete language which required applications to
be signed and notarized and submit of proof of identity because the board is
utilizing an online licensing system for all applications including initial
applications and renewal applications.
16.5.6 - Dentists,
Licensure by Examination
The
proposed amendments to this part replaces language
under Subsection C of 16.5.6.8 NMAC to require that licensees take an
examination which includes hands on periodontal and restorative
procedures. Additionally, this part
deletes language under Subsection E of 16.5.6.8 NMAC which required a level II
and level III background status report and now requires only one type of
background check be done by a designated professional background service. Finally, the proposed amendments
to this section deletes language which required applicants for licensure by
examination to submit a signed and notarized application along with a quality
photo because the board is utilizing an online licensing system for all
applications for licensure by examination.
16.5.8 - Dentists,
Licensure by Credentials
The
proposed amendments to this section deletes language which required applicants
for licensure by credentials to submit a signed and notarized application along
with a quality photo because the board is utilizing an online licensing system
for all applications for licensure by credentials.
16.5.9 -
Non-Dentist Owners
The
proposed amendments to this part deletes language under 16.5.9.10 NMAC which
required a level II status report and now requires only one type of background
check be done by a designated professional background service. Additionally, the proposed amendments to this
section deletes language which required non-dentist owners to submit a signed
and notarized application because the board is utilizing an online licensing
system for all applications for licensure by examination. Finally, the proposed amendments delete
language that required non-dentist owners to be residents of New Mexico. The amendment was made to comply with Section
61-1-37 NMSA1978 which does not require licensees to be residents of New
Mexico.
16.5.15 -
Dentists, Anesthesia/Sedation Administration
The
proposed amendments to this section deletes language which required applicants
under this section to submit a notarized affidavit of compliance because the
board is utilizing an online licensing system for all applications under this
section.
16.5.17 - Dentists
and Dental Hygienists, Collaborative Practice
The
proposed amendments to this section deletes language
which required dental hygienists to submit notarized letters from employers,
supervisors, etc. as proof of active practice of dental hygiene. This is because the board is utilizing on
online licensing system for all applications and supporting documents submitted
by applicants under this section.
16.5.19 - Dental
Hygienists, Licensure by Examination
The
amendments to this part deletes language under Subsection E of 16.5.19.8 NMAC
which required a level III background status report. The rule now only requires
one type of background check be done by a designated professional background
service. The proposed amendments to
Subsection A of 16.5.19.9 NMAC delete s language which required applicants for
licensure by examination to submit a signed and notarized application along
with a quality photo because the board is utilizing an online licensing system
for all applications for licensure by examination.
16.5.20 - Dental
Hygienists, Licensure by Credentials
The
amendments to this part deletes language under Subsection F of 16.5.20.8 NMAC
which required a level II background status report. The rule now only requires
that a background check be done by a designated professional background
service. The proposed amendments to
Subsection A of 16.5.20.9 NMAC deletes language which required applicants for
licensure by credentials to submit a signed and notarized application along
with a quality photo because the board is utilizing an online licensing system
for all applications for licensure by credentials.
16.5.28 - Dental
Hygienists, Local Anesthesia Certification
The
amendments to this part are intended to provide clarity regarding the licensure
requirements for certification of local anesthesia administration, including
requirements for continuing education courses necessary to maintain
certification.
16.5.33 - Dental
Assistants, Requirements for Certification
The
proposed amendments to this section deletes language which required applicants
under this section to submit a passport quality photo because the board is
utilizing an online licensing system for all applications for certification
under this section.
16.5.39 - Dental
Assistants, Practice and Supervision
The
proposed amendments to Subsection C of 16.5.39.10 to prohibit the delegation of
final impressions for multiple unit restorations. Additionally, Subsection D of 16.5.39.10 NMAC
is revised to provide that delegation of final fitting and adaption of
prostheses are non-delegable.
16.5.42 - Expanded
Function Dental Auxiliary, Requirements for Certification
The
proposed amendments to this section deletes language which required applicants
under this section to submit a passport quality photo because the board is
utilizing an online licensing system for all applications for certification
under this section.
16.5.61 - Dental
Therapists, Licensure and Certification
The
proposed amendments to section deletes language which required applicants for
licensure by credentials to submit a signed and notarized application along
with a quality photo because the board is utilizing an online licensing system
for all applications for licensure and certification under this section.