NM Dental Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

DHCB appointment authority

The New Mexico Dental Health Care Board's members are appointed by the Governor to regulate dentists, dental hygienists, and dental assistants under the Dental Health Care Act.

Licensure by credentials

A pathway allowing an applicant with documented years of clinical practice and a clean disciplinary record to obtain a New Mexico license without re-taking the clinical examination.

Biennial license renewal

New Mexico dental licenses renew every two years; renewal requires continuing education hours and reporting of address or name changes.

Continuing education mandate

Each renewal cycle requires a set number of CE hours by license type, with mandated topics such as infection control and opioid prescribing.

EFDA certification

Expanded-function dental assistant certification issued by the Board after approved training, authorizing delegated intraoral tasks beyond basic chairside assisting.

Sedation permit levels

Separate Board authorizations for minimal, moderate, or deep sedation requiring specific training, equipment, and monitoring; a general license alone does not authorize sedation.

Self-reporting duty

Licensees must report arrests, convictions, and out-of-state disciplinary actions within a defined period; failure to report is itself a disciplinary ground.

Rulemaking under State Rules Act

Board rules must be published in the New Mexico Register, opened for public comment, and filed before taking effect.

Definition of dentistry

The Dental Health Care Act defines dentistry broadly to include diagnosis, treatment planning, surgery, prescribing, and holding out as a dentist.

Direct supervision

The supervising dentist is physically present in the office and evaluates the patient and the delegated procedure before and after it is performed.

Indirect supervision

The supervising dentist is on the premises or immediately available and has authorized the delegated procedure in advance, without being physically present during it.

General supervision

The dentist authorizes care but is not required to be on site; the category applies only to tasks Board rules permit under this level.

Hygienist local anesthesia

A dental hygienist may administer local anesthesia only after obtaining additional Board-recognized certification and meeting the rule's training requirements.

Nondelegable dentist duties

Diagnosis, treatment planning, and final evaluation of treatment require the professional judgment of a licensed dentist and cannot be delegated to auxiliaries.

Prescription Monitoring Program

Dentists prescribing controlled substances must hold a DEA registration and query the New Mexico PMP under the conditions set by statute.

Teledentistry scope

Teledentistry is recognized in New Mexico but does not expand scope; the same standard of care and supervision rules apply as in person.

Aiding unlicensed practice

Permitting an unlicensed person to perform dental procedures is a separate statutory violation and independent ground for licensee discipline.

Grounds for discipline

Statutory grounds include unprofessional conduct, gross negligence, incompetence, substance abuse, licensure fraud, and violation of Board rules or the Act.

Range of Board sanctions

The Board may impose reprimand, probation, suspension, revocation, fines, CE remediation, and cost recovery, and may seek injunctions against unlicensed practice.

Uniform Licensing Act hearing

Discipline follows notice of charges, a hearing before a hearing officer or the Board, and a written decision with findings of fact and conclusions of law.

Summary suspension

The Board may suspend a license without a prior hearing only on a finding of immediate danger to the public, followed promptly by a post-deprivation hearing.

NPDB reporting

Board disciplinary actions are reported to national practitioner data banks and may prompt reciprocal action by licensing boards in other states.

Citation or reprimand letter

For minor violations, Board rules may allow a citation or letter of reprimand as an alternative to formal disciplinary proceedings.

Violating a Board order

Failing to comply with probation terms, CE remediation, or other Board orders is an independent ground for further discipline, including suspension.

Judicial review of Board action

A final Board decision may be appealed to district court under the Administrative Procedures Act, on the record, within the statutory deadline.

Inspection of Public Records Act

IPRA requires the Board to permit inspection of public records during business hours and to respond promptly to written requests.

IPRA exceptions

Confidential investigative and medical records may be withheld or redacted, but the agency bears the burden of justifying any withholding.

Copy fees and delay

The Board may charge reasonable copying fees; unreasonable delay or denial of an IPRA request can be challenged in district court.

Open Meetings Act

Board meetings require advance public notice, an agenda, and minutes; closed sessions are limited to specified matters such as litigation or personnel.

Due process in hearings

Administrative hearings must provide notice, an opportunity to be heard, the right to counsel, and an impartial decision-maker.

Exhaustion and review standard

Courts review final agency action under the arbitrary, capricious, or contrary-to-law standard after administrative remedies are exhausted.

ADA auxiliary aids

The Board must provide auxiliary aids and services so licensees and the public with disabilities can participate in Board proceedings.