NM Dental Jurisprudence study materials
NM Dental Jurisprudence study resources

NM Dental Jurisprudence key terms

NM Dental Jurisprudence · Get comfortable with the vocabulary.

Dental Health Care Board

The New Mexico state agency that licenses dentists, dental hygienists, and dental assistants, adopts practice rules, and hears disciplinary cases against licensees.

Related: Board rulemaking, Licensee, Notice of contemplated action
Dental Practice Act

The New Mexico statute that defines who may practice dentistry, establishes the Board, sets licensing requirements, and authorizes discipline for violations.

Related: Scope of practice, Unlicensed practice, Board rulemaking
Scope of practice

The legally permitted range of duties and procedures a licensee may perform, determined by statute, Board rules, and the license level held.

Related: Supervision levels, Dental hygienist, Dental assistant
Unlicensed practice

Performing acts reserved to licensed dental professionals without holding a valid New Mexico license; it is a statutory violation subject to civil or criminal penalties.

Related: Licensee, Scope of practice, Cease and desist order
Supervision levels

The categories of oversight a dentist provides to hygienists and assistants, such as direct, indirect, or general supervision, each defined by Board rule.

Related: Scope of practice, Dental assistant, Collaborative practice
Direct supervision

A level of oversight in which the dentist is physically present in the office, has evaluated the patient, and is available to examine the patient during treatment.

Related: Supervision levels, Indirect supervision
Indirect supervision

Oversight in which the dentist has authorized the procedure and is available for consultation, but need not be physically present while it is performed.

Related: Direct supervision, Supervision levels
Collaborative practice

An arrangement, where authorized by rule, allowing a hygienist to treat patients without a dentist on site under a written agreement with a supervising dentist.

Related: Dental hygienist, Supervision levels
Dental hygienist

A licensee trained and licensed to provide preventive services such as prophylaxis, scaling, and patient education, subject to supervision or collaboration rules.

Related: Collaborative practice, Scope of practice
Dental assistant

An auxiliary dental worker who performs chairside and expanded duties permitted by Board rule, always under the supervision of a licensed dentist.

Related: Supervision levels, Scope of practice
Licensure by examination

The standard route to a New Mexico dental license, requiring graduation from an accredited program and passing accepted clinical and written examinations.

Related: Licensee, License renewal, Credentials
License renewal

The periodic process by which a licensee pays fees and demonstrates continuing education and other requirements to keep an active New Mexico license.

Related: Continuing education requirement, Lapsed license
Continuing education requirement

The minimum number of approved education hours a licensee must complete during each renewal cycle, including any mandated topic-specific hours.

Related: License renewal, Audit
Lapsed license

A license that has expired because renewal requirements were not met; practicing on a lapsed license is unlicensed practice and grounds for discipline.

Related: License renewal, Unlicensed practice
Inactive license

A status a licensee may elect that preserves the license record but bars practice until the licensee applies for reinstatement and meets current requirements.

Related: License renewal, Reinstatement
Reinstatement

The process of restoring a lapsed, revoked, or inactive license after the applicant proves fitness and satisfies conditions the Board imposes.

Related: Lapsed license, Inactive license, Probation
Credentials

The documentation a license applicant submits, such as transcripts, examination scores, and verification of prior licenses, to prove eligibility.

Related: Licensure by examination, Licensee
Licensee

Any person holding a current New Mexico dental license and therefore bound by the Dental Practice Act, Board rules, and the Board's disciplinary authority.

Related: Dental Health Care Board, Scope of practice
Notice of contemplated action

A formal Board charging document that states the alleged violations and the proposed discipline, and triggers the licensee's right to a hearing.

Related: Administrative hearing, Due process, Consent agreement
Administrative hearing

A contested-case proceeding before the Board or a hearing officer where evidence is presented and the licensee may be represented by counsel.

Related: Notice of contemplated action, Due process, Findings of fact
Due process

The constitutional guarantee that a licensee receives fair notice of the charges and a meaningful opportunity to respond before discipline is imposed.

Related: Administrative hearing, Notice of contemplated action
Findings of fact

The written factual determinations a hearing officer or the Board makes after weighing evidence, which support the legal conclusions and the sanction imposed.

Related: Administrative hearing, Conclusions of law
Conclusions of law

The Board's legal determinations applying statutes and rules to the established facts, stating which violations occurred and what discipline follows.

Related: Findings of fact, Sanction
Consent agreement

A negotiated settlement in which the licensee accepts specified discipline and waives hearing rights, subject to Board approval and public filing.

Related: Notice of contemplated action, Sanction
Sanction

The penalty the Board imposes for a violation, ranging from a reprimand or fine to suspension, revocation, or conditions on practice.

Related: Probation, Revocation, Civil penalty
Probation

A disciplinary status in which the licensee may keep practicing but must satisfy conditions such as monitoring, audits, or restricted duties for a set period.

Related: Sanction, Reinstatement
Revocation

The most severe Board sanction, permanently withdrawing the license, though the former licensee may later petition for reinstatement under Board rules.

Related: Sanction, Reinstatement, Suspension
Suspension

A sanction that temporarily removes the licensee's authority to practice for a defined period or until stated conditions are met.

Related: Revocation, Summary suspension
Summary suspension

An emergency action suspending a license before a full hearing when continued practice poses an immediate risk to public health or safety.

Related: Suspension, Due process
Civil penalty

A monetary fine the Board may assess for violations in addition to or instead of other discipline, collected through administrative enforcement.

Related: Sanction, Cease and desist order
Cease and desist order

A Board directive requiring a person or entity to stop unlicensed or prohibited activity, enforceable in court if ignored.

Related: Unlicensed practice, Injunction
Injunction

A court order sought by the Board or another party to compel or prohibit conduct, often used to stop ongoing unlicensed practice.

Related: Cease and desist order, Unlicensed practice
Grounds for discipline

The statutory list of conduct that justifies Board action, such as fraud, incompetence, impairment, or violation of Board rules.

Related: Sanction, Notice of contemplated action
Public records

Documents the Board must disclose on request under New Mexico's inspection law, subject to stated exceptions such as protected personal information.

Related: Inspection of Public Records Act, Confidentiality
Inspection of Public Records Act

The New Mexico statute giving the public the right to inspect and copy government records, including Board licensing and disciplinary files, within set deadlines.

Related: Public records, Records custodian
Records custodian

The designated Board official responsible for receiving public records requests, responding within statutory time limits, and asserting any lawful exceptions.

Related: Inspection of Public Records Act, Public records
Confidentiality

The legal duty to protect certain patient and licensee information from disclosure, which limits but does not eliminate public access to Board records.

Related: Public records, Privileged information
Open Meetings Act

The New Mexico statute requiring the Board to give public notice of meetings, deliberate openly, and record votes, with narrow exceptions for closed sessions.

Related: Closed session, Public records
Closed session

A nonpublic portion of a Board meeting permitted only for limited matters such as certain legal advice or deliberations expressly allowed by statute.

Related: Open Meetings Act, Public records
Board rulemaking

The Board's authority to adopt administrative rules that implement the Dental Practice Act, following the state's uniform rule adoption procedures.

Related: Dental Health Care Board, Dental Practice Act