Current through Register Vol. 35, No. 18, September 24, 2024
Applications for a temporary or a public service New Mexico
dental license may be issued in the following categories for specific purposes
if education and experience requirements are met.
A. Clinical educator. Dentists, not currently
licensed in New Mexico, who provide clinical education or training that
includes demonstrations on live subjects must apply for temporary licensure.
The temporary license is issued for 48 hours; if the course lasts longer than
two days, additional 48 hour licenses may be requested upon payment of the
applicable fees; a temporary license may not be issued for less than 48
hours.
B. A student who is enrolled
in a commission of dental accreditation (CODA) dental specialty program or a
commission of dental accreditation (CODA) general practice dental residency
program, or an advanced education in general dentistry program, who holds a
current, valid license in good standing in another US jurisdiction, may be
granted a temporary 48 hour license for the purpose of observing or assisting a
licensed New Mexico practitioner in cases for educational purposes.
C. A resident or student enrolled in a
commission of dental accreditation (CODA) accredited program in the state of
New Mexico may be granted a public service license for up to 12 months. This
public service license shall be automatically renewed annually only for the
purpose of completing the education program and shall not be valid once the
residency or educational program is completed or the applicant is no longer
enrolled, provided:
(1) the program in this
state is accredited by the commission on dental accreditation (CODA);
(2) the residency program maintains a
physical presence in New Mexico, including:
(a) a faculty and staff full time in New
Mexico who holds a license in New Mexico in good standing in accordance with
the degree they hold; and
(b) a
facility in the state where residency students may attend lectures, seminars
and receive clinical instruction;
(3) public service license for a dental
resident or student may not be converted to any other public service license or
license by credentials;
(4) the
applicant must practice under the sponsorship of or be associated with a
dentist holding a current license in good standing in this state;
(5) upon application by a resident or
student, the participating residency or education program must supply
documentation to the board of its accreditation status, faculty and facilities
in New Mexico; and
(6) successful
completion of a clinical board examination is not a requirement for a public
service license to be granted to a student or resident under this
section.
D. Clinical
practice in underserved area or state institutions. A dentist may be granted
temporary licensure to practice in a state institution, a program approved or
maintained by the New Mexico department of health (NMDOH), or a program or
clinic designated by the New Mexico department of health (NMDOH), as dental
care underserved area (DCUA). The New Mexico department of health (NMDOH) may
recommend to the New Mexico board of dental health care, counties, communities,
county census divisions, or in the case of urban areas, neighborhoods, zip
codes, and census tracts to be considered as dental care underserved areas
(DCUA's). Areas recommended as DCUA's may reflect those areas designated by the
federal government as dental health professional shortage areas (DHPSA). The
New Mexico board of dental health care will request annually from NMDOH a
written report of which areas are recommended as DCUA's and will update the
listing throughout the year as appropriate. The New Mexico board of dental
health care may designate DCUA's based upon these recommendations:
(1) the temporary license holder is
restricted to work exclusively in the institution or program named on the
application or the temporary license certificate;
(2) a temporary license for clinical practice
in an underserved area or state institution is valid for 12 months and shall
expire at the end of that period; the board may re-issue the temporary license
for three additional 12 month periods; each license reissue must be approved by
the board; the licensee must contact the board office three months prior to the
expiration date to begin the re-issue process;
(3) the New Mexico board of dental health
care shall rely upon the listing of recommended practices in underserved areas
or state institutions, and the listing of recommended DCUA's provided by NMDOH
in its review of applications for clinical practice in underserved areas;
temporary licenses will be reissued only for sites and DCUA's that remain on
the recommended listings by the New Mexico department of health;
(4) the applicant shall provide an affidavit
from the administrative supervisor of the applicant's proposed employer
organization as defined in Subsection C of 16.5.7.8 NMAC attesting to
supervision and oversight by a New Mexico licensed dentist in good standing,
and bearing the signature of both; and
(5) the applicant shall provide an affidavit
from the New Mexico department of health specifying supervision will be by a
licensed New Mexico dentist in good standing and bearing the signature of
both;
(6) a temporary license to
practice in an underserved area may be converted to a license by credentials
provided the applicant:
(a) meets all
requisite requirements listed in 16.5.8 NMAC and provides all documentation as
required in 16.5.8.10 NMAC of these rules, with exception of the requirement to
have a license in good standing for five years;
(b) practices for at least 1000 hours per
year under a temporary license in an underserved area for three consecutive
years; one year of credit will be granted for;
(i) a commission on dental accreditation
residency (CODA) or ADA recognized specialty program; or
(ii) private practice of 1000 or more hours
per year; and
(c) has no
complaints under board investigation, actions pending or actions taken against
the applicant's temporary license;
(d) has renewed the temporary license yearly,
and has paid the required license fees;
(e) has maintained the same continuing
education requirements of regularly licensed dentists as set forth in 16.5.10
NMAC of these rules; the annual continuing education requirements are to be
based upon 1/3 prorated share of those required of a licensee applying for
license renewal on a triennial basis; and
(f) applies for conversion of a temporary
license to a license by credentials pursuant to 16.5.7.15 NMAC of these
rules.
E.
Emergency practitioner. Out of state specialists needed for emergency care in a
hospital may be granted a temporary license:
(1) the information normally given in
official documentation may be given in written or verbal form because of the
emergency nature of the license;
(2) this category will be given a 48 hour
temporary license but it may be extended in 48 hour increments until the
dentist can leave the patient to the care of others; and
(3) the New Mexico licensed dentist acting as
the sponsor for the temporary licensee must be responsible for the validity of
the following credentials:
(a) the license
number in the state in which the applicant resides and practices, and the
current status of the license;
(b)
proof of liability insurance; and
(c) verification of status of hospital
credentials in state of residence or practice.
F. Replacement practitioner. A dentist may be
granted temporary licensure for six or 12 months to work exclusively with
patients in the practice of a New Mexico licensed dentist who is unable to
practice dentistry because of physical or mental illness, injury, pregnancy,
impairment, physical absence, or other condition approved by the board:
(1) the temporary license holder is
restricted to work exclusively in the practice named on the application;
and
(2) a temporary license as a
replacement practitioner is valid for no longer than 12 months, and may not be
re-issued.
G.
Presumptive public service licensure for a charitable dental project. A dentist
not holding a license in the state may be granted a presumptive public service
license for up to 72 hours to participate in a board approved charitable
project. Except as noted in this section the dentist shall otherwise be subject
to the provisions of the dental practice act and the rules and regulations of
the board. The presumptive public service license is valid only when:
(1) the charitable project is approved by the
board at least 45 days prior to the scheduled event;
(2) the dentist receives no compensation for
participating in the project;
(3)
the project is sponsored by an entity as defined in 16.5.7.7 NMAC and that
entity has been approved by the board to undertake the charitable
project;
(4) the dentist holds a
license in good standing in another jurisdiction and the license is verified by
the sponsoring entity;
(5) the
dentist has graduated from and holds a diploma from a dental school accredited
by the commission on dental accreditation and a copy of the diploma is on file
with the sponsoring entity;
(6)
upon request the out-of-state dentist shall produce copies of their diploma and
license in another jurisdiction;
(7) the dental care provided is within the
scope and limits of the license the dentist holds in the other
jurisdiction;
(8) the out-of-state
dentist works under the indirect supervision of a dentist licensed in good
standing in this state who is present at the charitable project;
(9) patients who receive dental care during
the charitable project will be given a list of dentists whom they can contact
if post-operative care is needed;
(10) a charitable public service license is
not eligible for conversion to any other public service, regular license; or
license by credentials; and
(11) no
fee shall be required by the board for the presumptive public service license
for a charitable project.
