NM Dental Jurisprudence cheat sheet

The New Mexico Dental Health Care Board (DHCB) is an administrative body whose members are appointed by the Governor; it regulates dentists, dental hygienists, dental assistants, and expanded-function dental assistants.

Licensure pathways in New Mexico include examination, licensure by credentials (based on documented years of clinical practice and a clean disciplinary record), and licensure of graduates of CODA-accredited programs.

Renewal is biennial; licensees must report continuing education and any change of name or address, and practicing on a lapsed license is unlicensed practice.

Continuing education requirements differ by license type; dentists must complete a set number of CE hours per renewal cycle, including mandated topics such as infection control and opioid prescribing.

The Board issues licenses and also approves/regulates dental assistant training programs and expanded-function (EFDA) certifications, which permit delegated intraoral tasks beyond basic chairside assisting.

Anesthesia and sedation permits (minimal, moderate, deep) are separate Board-issued authorizations requiring specific training, equipment, and monitoring standards; a general license alone does not authorize sedation.

The Board must adopt rules under the Uniform Licensing Act and the Dental Health Care Act; rulemaking follows the State Rules Act notice-and-comment procedures.

Licensees must self-report arrests, convictions, and disciplinary actions in other jurisdictions within a defined period; failure to report is itself a ground for discipline.

The Dental Health Care Act defines the practice of dentistry broadly: diagnosis, treatment planning, surgery, prescribing, and holding out as a dentist all fall within the statutory scope.

Supervision categories are direct (supervisor physically present), indirect (supervisor on premises or immediately available), and general (supervisor available but not on site); the category governs which tasks may be delegated.

Dental hygienists may perform prophylaxis, scaling and root planing, radiographs, and local anesthesia under the conditions specified in Board rules; local anesthesia requires additional certification.

Expanded-function dental assistants may place and carve restorations, take final impressions, and perform coronal polishing only after Board-approved training and certification.

A dentist may not delegate any task requiring the professional judgment of a licensed dentist, such as diagnosis, treatment planning, or final evaluation of treatment.

Prescribing controlled substances requires a valid DEA registration and compliance with the New Mexico Prescription Monitoring Program; dentists must query the PMP under statutory conditions.

Teledentistry is recognized but does not expand scope: the standard of care and supervision requirements apply the same as for in-person care.

Unlicensed practice and aiding unlicensed practice are separate statutory violations; a licensee who permits an unlicensed person to perform dental procedures is subject to discipline.

Grounds for discipline include unprofessional conduct, gross negligence, incompetence, substance abuse, fraud in licensure, and violation of Board rules or the Dental Health Care Act.

The Board may impose reprimand, probation with conditions, suspension, revocation, fines, remediation/CE orders, and cost recovery; it may also seek injunctive relief against unlicensed practice.

The Uniform Licensing Act governs the disciplinary process: notice of charges, a hearing before a hearing officer or the Board, and a written decision with findings of fact and conclusions of law.

A licensee may be summarily suspended without a prior hearing only when the Board finds an immediate danger to the public; a prompt post-deprivation hearing must follow.

Disciplinary actions are reported to national data banks (NPDB) and may trigger reciprocal action in other states under the Nurse Licensure-style reciprocity principles applied to dentistry.

The Board may issue citations or letters of reprimand for minor violations as an alternative to formal disciplinary proceedings, depending on the rule in effect.

Failure to comply with a Board order (e.g., probation terms or CE remediation) is an independent ground for further discipline, including suspension.

Judicial review of a final Board decision is by appeal to the district court under the Administrative Procedures Act, on the record, within the statutory deadline.

The Inspection of Public Records Act (IPRA) requires public bodies, including the Board, to permit inspection of public records during regular business hours and to respond to a written request promptly.

IPRA has statutory exceptions: records protected by confidentiality provisions (e.g., certain investigative and medical records) may be withheld or redacted, but the burden is on the agency to justify withholding.

The Board must give written notice of the right to inspect records and may charge reasonable fees for copying; unreasonable delay or denial can be challenged in district court.

The Open Meetings Act requires advance public notice of Board meetings, an agenda, and minutes; closed sessions are permitted only for specified matters such as pending litigation or personnel.

The State Rules Act requires publication of proposed rules in the New Mexico Register, a public comment period, and filing of adopted rules; rules are not effective until filed.

Administrative hearings must afford due process: notice, an opportunity to be heard, the right to counsel, and an impartial decision-maker.

The Administrative Procedures Act sets the standard for judicial review (arbitrary, capricious, or contrary to law) and requires exhaustion of administrative remedies before court review.

Accessibility obligations include providing auxiliary aids and services for licensees and the public with disabilities at Board proceedings, consistent with the ADA and state accessibility rules.