Current through Register Vol. 35, No. 18, September 24, 2024
The following rules are enacted to prevent transmission of
the human immunodeficiency virus (HIV), hepatitis B infectious state (i.e.
acute infection and chronic carriers only) (HBV), the hepatitis C virus (HCV),
and other blood borne infections.
A.
Requirements for providers. Any provider licensed or certified by the New
Mexico board of dental health care must comply with the guidelines established
in this rule. A provider who fails to use appropriate infection control
techniques and sterilization procedures to protect patients may be subject to
disciplinary action by the board.
B. Infection control as a standard of care.
In offices and facilities providing dental services, compliance with the
following policies and procedures are required to further reduce the low risk
of infection:
(1) implementation of policies
and procedures to minimize occupational exposure to potentially infectious
materials (e.g. blood); guidelines or recommendations of the American dental
association, American dental hygienists' association, center for disease
control, and the occupational safety and health administration must be
followed;
(2) strict adherence to
infection control practices and universal barrier precautions are mandatory in
all dental care settings and shall include sterilization of instruments and
hand pieces, after each use, by any acceptable sterilization technique as
currently recognized by the center for disease control; and
(3) policies and procedures must be
implemented to report and manage patient and provider exposure to blood;
affected individuals must be notified when exposure may constitute a
significant risk of transmission of blood borne infection; the notification
must include the nature of possible infection, but need not include the
identity of the provider should the provider be the known source of
infection.
C. Infection
control training. All providers shall have formal training in infection control
techniques. Training is a requirement for licensure, as well as for renewal of
all licenses and certificates. The course must be approved in accordance with
16.5.1.15 NMAC or sponsored by the
occupational safety and health administration.
D. Evaluation of provider with blood borne
infection.
(1) Counseling and testing
recommended. The board and committee strongly recommend counseling and testing
of any provider for HIV, HBV, HCV and other blood borne infections.
(2) Evaluation of individual cases. Providers
who have transmissible blood borne infections and who perform invasive
procedures which might cause increased risk of transmission are strongly urged
to submit to a voluntary evaluation process established by the New Mexico
department of health. Individual evaluations conducted under the auspices of
the New Mexico department of health will be strictly confidential unless that
agency recommends practice restrictions. The New Mexico department of health
will notify the board and committee of recommended practice restrictions. Any
violation of practice restrictions will be considered grounds for disciplinary
action by the board and committee.
(3) Impairment evaluation. If a dental health
care provider licensed or certified by the board has a functional impairment
due to blood borne infection or other medical impairment, they must contact the
impaired committee of the board.
E. Confidentiality for dental health care
workers.
(1) The board and committee recognize
providers are not required to disclose blood borne infections to patients or
employers unless they cannot perform the essential duties of their job or
practice, or unless the provider poses a danger to patient safety.
(2) Any retrospective studies of New Mexico
providers shall be carried out under the guidance and direction of the New
Mexico department of health.
