New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 5 - DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.)
Part 66 - DENTAL THERAPISTS, DISCIPLINARY PROCEEDINGS, LICENSE REVOCATION OR SUSPENSION FOR DISCIPLINARY ACTIONS
Section 16.5.66.10 - GUIDELINES

(1) performing, or holding oneself out as able to perform, professional services beyond the scope of one's license and field or fields of competence as established by education, experience, training, or any combination thereof; this includes, but is not limited to, the use of any instrument or device in a manner that is not in accordance with the customary standards and practices of the dental therapy profession;

(2) failure to refer a patient, after emergency treatment, to his/her regular dentist and inform the latter of the conditions found and treated;

(3) failure to release to a patient copy of that patient's records and x-rays within 15 business days regardless whether patient has an outstanding balance;

(4) failure to seek consultation whenever the welfare of the patient would be safeguarded or advanced by referral to individuals with special skills, knowledge, and experience;

(5) failure to advise the patient in simple understandable terms of the proposed treatment, the anticipated fee, the expectations of success, and any reasonable alternatives;

(6) failure to inform dentist or patient of periodontal assessment;

(7) failure to provide patient education of oral health care regimens which assist in maintaining good oral health throughout life;

(8) sexual misconduct;

(9) failure to use appropriate infection control techniques and sterilization procedures;

(10) breach of ethical standards, an inquiry into which the board will begin by reference to the most recent version of the American dental association's code of ethics;

(11) fraud, deceit or misrepresentation in any application;

(12) violation of any order of the board, and ratified by the board, including any probation order;

(13) injudicious administration of any drug or medicine;

(14) failure to report to the board any adverse action taken by any licensing board, peer review body, malpractice insurance carrier or any other entity as defined by the board, the surrender of a license to practice in another state, surrender of membership on any medical staff or in any dental therapy or professional association or society, in lieu of, and while under disciplinary investigation by any authority;

(15) deliberate and willful failure to reveal, at the request of the board, the incompetent, dishonest, or corrupt practices of a dentist or dental hygienist licensed or applying for licensure by the board or board; and

(16) cheating on an examination for licensure;

(17) failure of a dental therapist to comply with advertising guidelines as outlined in in 16.5.1 NMAC;

(18) assisting a health professional, or be assisted by a health professional that is not licensed to practice by a New Mexico board, agency or commission;

(19) failure to make available to current patients of record a reasonable method of contacting the treating dental therapist or on-call service for dental emergencies; dental practices may refer patients to an alternate urgent care or emergency facility if no other option is available at the time, or if the contacted supervising dentist deems it necessary for the patient's well-being;

(20) conviction of either a misdemeanor or a felony punishable by incarceration;

(21) aiding and abetting a dental auxiliary who is not properly certified;

(22) patient abandonment;

(23) habitually addicted as defined in Subsection 4 &6 of Section 61-5A-21 NMSA 1978 and Subsections C and D of 61.5B-3 NMSA 1978 habitual or excessive use or abuse of drugs, as defined in the Controlled Substances Act, 30-31-1 NMSA 1978 or habitual or excessive use or abuse of alcohol;

(24) failure of the licensee to furnish the board within 10 business days of request; its investigators or representatives with information requested by the board, and ratified by the board;

(25) failure to appear before the board when requested by the board, and ratified by the board, in any disciplinary proceeding; and

(26) failure of compliance with the Parental Responsibility Act Section 40-5A-3 seq., NMSA1978.