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New Mexico Dental Health Care
REGULAR BOARD MEETING
Friday, October 26, 2012
Las Cruces, NM
MEETING MINUTES
CALL TO ORDER
At 11:40 a.m. the Board Chair, Dr. Jessica Brewster, DDS, called the New Mexico Board of Dental Health Care meeting to order.
ROLL CALL
MEMBERS PRESENT:
Jessica Brewster, DDS
Robert Gherardi, DMD
Burrell Tucker, DDS (Attended Telephonically)
Kimberly Martin, DMD
Charles Schumacher, DDS
Laura Moss, RDH
Rebecca Howard, RDH
Robert Blewer, Public Member
OTHERS PRESENT:
Jennifer Salazar, Assistant Attorney General
Luis Carrasco, Attorney General’s Office
STAFF PRESENT:
Kathy Ortiz, Board Administrator
Cynthia Salazar, Administrative Assistant
Amos Padilla, Compliance Liaison
Roll Call was taken by Ms. Kathy Ortiz and a quorum was determined present.
III. APPROVAL OF AGENDA
Ms. Rebecca Howard, RDH made a MOTION to approve the agenda as amended. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
IV. APPROVAL OF MEETING MINUTES
July 27, 2012 Regular Meeting
Ms. Rebecca Howard, RDH made a MOTION to approve the minutes of the July 27, 2012 meeting as written. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
V. ACTION ON PROPOSED RULE CHANGES
Part 21- Dental Hygienists, Temporary or Public Service Licensure
A discussion was held regarding the comments received during the rule hearing on April 20, 2012 and following further input from the Committee members and the audience on Part 21, Dental Hygienists, Temporary or Public Service Licensure, and the following action was taken by the Board.
Ms. Rebecca Howard, RDH made a MOTION to ratify the recommendations of the Dental Hygienist Committee and adopt the proposed changes to Part 21 Dental Hygienists, Temporary or Public Service Licensure as written. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Part 29- Dental Hygienists, Practice
A discussion was held regarding the comments received during the rule hearing on April 20, 2012 and following further input from the Committee members and the audience on Part 29, Dental Hygienists, Practice, and the following action was taken by the Board.
Ms. Rebecca Howard, RDH made a MOTION to ratify the recommendations of the Dental Hygienist Committee and adopt the proposed changes to Part 29 Dental Hygienists, Practice as written. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Part 30- Dental Hygienists, Disciplinary Proceedings
A discussion was held regarding the comments received during the rule hearing on April 20, 2012 and following further input from the Committee members and the audience on Part 30, Dental Hygienists, Disciplinary Proceedings, and the following action was taken by the Board.
Ms. Rebecca Howard, RDH made a MOTION to ratify the recommendations of the Dental Hygienist Committee and adopt the proposed changes to Part 30 Dental Hygienists, Disciplinary Proceedings as written/amended. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Part 56- Parental Responsibility Compliance
No Action – Part 56 was adopted at the April 20, 2012 Board Meeting.
Exhibits Attached. (Exhibit 1)
VI. REPORTS
A. Chair’s Report – Dr. Jessica Brewster, DDS
Written report attached. (Attachment A)
B. Secretary’s Report – Dr. Burrell Tucker, DDS
Dr. Burrell Tucker, DDS reported that from July 14 thru October 15, 2012, the following licenses/certificates were issued:
17 Dental Licenses by Examination
1 Dental License by Credentials
63 Dental Assistant Certificates
0 Expanded Function Dental Auxiliary Certificates
0 Community Dental Health Coordinator Certificates
Ms. Rebecca Howard, RDH made a MOTION to enter the Secretary’s report into record. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
D. Dental Hygienist Committee Report – Ms. Laura Moss, RDH
Ms. Rebecca Howard, RDH made a MOTION to ratify the recommendations of the Dental Hygienist Committee. Dr. Kimberly Martin, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
E. Anesthesia Committee Report – Dr. John Mitchell, DDS
Dr. John Mitchell, DDS reported to the board that from July13, thru September 24, 2012, the following Anesthesia Permits were issued:
20 Nitrous Oxide Permits
2 Conscious Sedation I
1 Conscious Sedation II
0 Deep Sedation/General Anesthesia
Written report attached. (Attachment B) Ms. Ortiz reported that Dr. Mitchell has requested that the board purchase nine Anesthesia Manuals for each of the committee members. Each manual costs $474.00.
Ms. Laura Moss, RDH made a MOTION to have Ms. Ortiz contact Dr. John Mitchell for more information and a written explanation as to why each Anesthesia Committee member needs a manual. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
F. NMDA Report
No report given
G. NM Department of Health Report – Ms. Carol Hanson, RDH
Written report attached. (Attachment C)
H. NM Health Services Report – Dr. Devi Gajapathi, BDS
No report given
I. AADB Report – Dr. Burrell Tucker, DDS
No report given
J. WREB Report – Ms. Rebecca Howard, RDH
Written report attached. (Attachment D)
K. CRDTS Report – Dr. Charles Schumacher, DDS
Written report attached. (Attachment E)
L. NERB Report – Dr. Jessica Brewster, DDS
Written report attached. (Attachment F)
M. Advisory Council/Heroine Awareness – Dr. Jessica Brewster, DDS
Written report attached. (Attachment G)
N. Administrator Report – Ms. Kathy Ortiz
Ms. Kathy Ortiz reported renewals were completed and she will begin working on the Dental Hygiene Rules that were adopted.
Ms. Cynthia Salazar reported that the revocation of licensure process has been completed.
O. Compliance Liaison Report – Mr. Amos Padilla
No report given
P. Rules and Statutes Committee – Dr. Burrell Tucker, DDS, Dr. Robert Gherardi, DMD
Dr. Burrell Tucker, DDS reported that the rules committee will be scheduling a rules committee meeting in the near future. Dr. Robert Gherardi, DMD reported that the statue committee will meet after the rules committee to make changes to the statutes, if necessary. Mr. Jeramiah Ritchey from the Governor’s office requested that the Governor’s office receive a copy of the proposed rules.
Q. RLD/Board Committee – Dr. Robert Gherardi, DMD
Written report attached. (Attachment H)
R. Ad Hoc Committees
No report given
VII. OLD BUSINESS
A. Confirm Future Meeting Dates and Locations
January Board Meeting – January 25, 2013 – Santa Fe
April Board Meeting – April 26, 2013 – Santa Fe
July Board Meeting – July 26, 2013 – Ruidoso
October Board Meeting – October 25, 2013 – Albuquerque
B. Budget – Mr. Patrick Sandoval, RLD
Mr. Sandoval discussed the board’s budget.
C. Teeth Whitening – Dr. Kimberly Martin, DMD
Dr. Kimberly Martin, DMD submitted a Teeth Whitening written policy and referred to the rules committee.
Written report attached. (Attachment I)
D. NM Radiology Exam – Ms. Laura Moss, RDH
Ms. Laura Moss, RDH reported the NM Radiology Exam is complete and will be placed on the January agenda for approval.
E. EFDA – Ms. Bernadette Jojola, DA
Ms. Laura Moss, RDH made a MOTION to approve the EFDA preparation courses thru Quality Health Management to prepare EFDA’s for the WREB exam. Dr. Charles Schumacher, DDS SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL.
Dr. Burrell Tucker, DDS has left the meeting telephonically at 1:02 pm
The board took a break at 1:03 pm
Back in session at 1:09 pm
VIII. NEW BUSINESS
A. Open Meeting Act Presentation – Ms. Jennifer Salazar, Asst. Attorney
Ms. Salazar and Mr. Luis Carrasco gave an Open Meeting Presentation.
B. Presentation of Plaque – Dr. Daniel Duran, DDS
On Behalf of the board members and staff, Dr. Jessica Brewster, DDS presented a letter and plaque to Dr. Daniel Duran, DDS for his support and dedication during the time he served as a Board member and his continued hard work on the Complaint Committee.
C. Carrie Credeur, RDH
Ms. Rebecca Howard, RDH made a MOTION to ratify the Committee recommendation to approve Carrie Credeur, RDH as a CRDTS Examiner. Ms. Laura Moss, RDH SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL.
D. Laser Technology – Dr. Kimberly Martin, DMD
Dr. Martin provided information regarding the laser technology and referred suggestions to the rules committee.
E. American Board of Facial Esthetics – Dr. Charles Schumacher, DDS
Dr. Schumacher gave a report on the American Board of Facial Esthetics meeting he attended in Denver, Colorado.
Written report attached. (Attachment J)
F. Cosmetics Botox & Restalyn – Scot Martin, MD & Dr. Charles Schumacher, DDS
Dr. Jessica Brewster, DDS directed the Rules Committee to work with Ms. Jennifer Salazar, Assistant Attorney General to develop a rule regarding Botox.
G. Mission of Mercy – Dr. Charles Schumacher, DDS
Dr. Robert Gherardi, DMD made a MOTION to approve the Mission of Mercy Charity Event, to be held on September 13th and 14th, 2013, in Farmington, NM. Ms. Rebecca Howard, RDH SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL. American Academy of Sleep Medicine – Dr. Jessica Brewster, DDS
Dr. Schumacher will research other State’s Statutes and Rules regarding sleep apnea and report to the rules committee.
H. NERB Annual Meeting – January 2013
Ms. Rebecca Howard, RDH made a MOTION that Dr. Jessica Brewster, DDS attend the NERB Annual Meeting in January 2013. Dr. Robert Gherardi, DMD SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL.
I. Billboard Advertising – Dr. Robert Gherardi, DMD
Refer to rules committee to re-evaluate the advertising rules regarding the dentist’s name and location on advertising.
J. Complete Credentialing Background Services
Dr. Kimberly Martin, DMD made a MOTION that the board accepts Complete Credentialing Background Services for six months. Dr. Charles Schumacher, DDS SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL.
K. Non-Dentist Owner Presentation – Ms. Rebecca Avita
Ms. Rebecca Avita gave a presentation on the structure of a Non-Dentist Owner.
L. Corporate Dentistry – Dr. Shelly Frtiz, DDS
Written report attached. (Attachment K)
M. Rules Changes – Dr. Jessica Brewster, DDS
The board members discussed and suggested rules changes to be considered by the rules committee.
N. Audit Form
Dr. Robert Gherardi, DMD made a MOTION to adopt the audit form as amended. Ms. Rebecca Howard, RDH SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL.
O. Investigative Form
Ms. Rebecca Howard, RDH made a MOTION to adopt the investigative form as amended. Ms. Laura Moss, RDH SECONDED the Motion. Motion PASSED by UNANIMOUS APPROVAL.
P. Public Comment
Ms. Rebecca Avitia requested that the board re-evaluate advertising rules
IX. EXECUTIVE SESSION
Chair: I will hear a motion for closure of the meeting to enter into Executive Session.
Board Member: Ms. Laura Moss, RDH move that the New Mexico Dental Health Care Board close this meeting in order to enter into Executive Session to discuss the items listed in the agenda. Pursuant to Sections 10-15-1.H 1, 3 & 7 of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Chair: Would the Administrator take a roll call vote to enter into Executive Session?
Roll Call Vote:
Jessica Brewster, DDS Aye
Robert Gherardi, DMD Aye
Burrell Tucker, DDS Absent
Kimberly Martin, DMD Aye
Charles Schumacher, DDS Aye
Laura Moss, RDH Aye
Rebecca Howard, RDH Aye
Robert Blewer, Public Member Aye
Chair: The motion is approved by a unanimous approval. Let the record show that at 4:30 p.m. the Board entered into closed session and the recorder has been turned off.
Consider Request for Retirement Status:
Kenneth J. Babon, DDS
Gary Katz, DDS
John McNeil, DDS
John W. Rose, DDS
Horace E. Ross, DDS
Orvel T. Rozzell, DDS
Consider Request of Revocation Non-Renewal to Retirement Status:
Felix Collard, DDS
Renewals for Review:
Ramona Fields, DA
Strider McCash, DDS
Application/Examination for Consideration:
12-92-APP
12-96-APP
12-97-APP
12-98-APP
12-99-APP
Consider Committee Recommendations:
1. Complaints:
11-10-COM, 11-57-COM, 12-04-COM, 12-14-COM, 12-15-COM, 12-16-COM, 12-21-COM,
12-27-COM, 12-29-COM, 12-31-COM, 12-34-COM-B, 12-35-COM, 12-40-COM, 12-41-COM,
12-44-COM, 12-45-COM, 12-53-COM, 12-54-COM, 12-57-COM, 12-58-COM, 12-61-COM,
12-63-COM, 12-64-COM, 12-67-COM, 12-68-COM, 12-71-COM, 12-73-COM, 12-74-COM,
12-75-COM, 12-77-COM, 12-78-COM, 12-82-COM
2. Incident Reports/Malpractice Reports:
12-52-MAL, 12-56-INC, 12-70-INC, 12-79-MAL, 12-80-INC
3. Decision and Order
10-71-COM– Jeffery Luffey, DDS
Discussion and Board Action:
08-32-COM & 12-28-COM – Saltz III, Edward
10-06-COM – Stewart Ahn, DDS
10-31-COM – Emergency Dental Care/Michael Obeng, DDS
10-21-COM – Gilbert Trujillo, DDS
10-64-COM – Lillian Jaime, DDS
11-09-COM – Edward Romero, DDS
11-16-COM
11-85-COM
07-68-COM Garcia, Roderick, DDS
11-65-APP
12-23-APP
12-45-COM
12-62-APP 11-62-APP
12-59-APP 12-59-APP 12-59-APP – Letter
Martinez, Charleina, DA - Renewal
Family Dental Health Care – Renewal
Continuing Education Application
Reports
New Mexico Monitored Treatment Quarterly Reports
MTP Report
MTP Report
Back in Open Session
Let the record show that the recorder is back on. The New Mexico Board of Dental Health Care is back in open session. The time is 7:57 p.m. Pursuant to 10-15-1 H 1, 3 & 7 of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion.
IX. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
Let the record show that the Complaint Committee Members Dr. Jessica Brewster, DDS and Mr. Robert Blewer abstained from voting on committee recommended cases.
(Items listed on Agenda)
Request for Retirement Status:
Ms. Rebecca Howard, RDH made a MOTION to accept the request for Retirement Status for:
Kenneth J. Babon, DDS, Gary Katz, DDS, John McNeil, DDS, John W. Rose, DDS, Horace E. Ross, DDS and Orvel T. Rozzell, DDS. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Consider Request of Revocation Non-Renewal to Retirement Status:
Ms. Laura Moss, RDH made a MOTION to approve Dr. Felix Collard’s request to change license status from Revocation for Non-Renewal to Retired Status. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Renewals for Review:
Ramona Fields, DA
Ms. Laura Moss, RDH, RDH made a MOTION to approve the renewal application for Ramona Fields, DA with an Advisory Letter stating that she must advise the Board when or if she returns to work with a note from her health care provider saying she is able to do so. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Strider McCash, DDS
Ms. Laura Moss, RDH, RDH made a MOTION to approve the renewal application for Strider McCash, DDS. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Applications for Consideration:
12-92-APP
Ms. Laura Moss, RDH made a MOTION to defer consideration until the applicant can come forth with proof of resolution of any pending or open cases. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-96-APP
Ms. Laura Moss, RDH made a MOTION to approve the application for Certification for the Collaborative Practice of Dental Hygiene. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-97-APP
Ms. Laura Moss, RDH made a MOTION to approve the application for Certification for the Collaborative Practice of Dental Hygiene. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-98-APP
Ms. Laura Moss, RDH made a MOTION to approve due to extenuating circumstances application for radiology. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-99-APP
Ms. Laura Moss, RDH made a MOTION to approve application for Dental Licensure by Credentials. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Consider Committee Recommendations:
1. Complaints:
11-10-COM
Ms. Laura Moss, RDH made a MOTION to withdraw the motion from the November 4, 2011 board meeting to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
11-57-COM
Ms. Laura Moss, RDH made a MOTION to withdraw the motion from the July 27, 2012 board meeting. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Ms. Laura Moss, RDH made a MOTION to refer to AGO for a Pre-NCA Settlement Agreement for violation of 16.5.16.10 B (30), 16.5.16.10 B (5), and 16.5.16.10 B (13), 61-5A-21 A (14) and 61-5A-21 A (5) with the following terms: Respondent shall pay a fine of $3,000.00 within 60 days of settlement agreement and successfully complete the NM Dental Jurisprudence Examination within 30 days, and Respondent shall successfully complete 9 hours of board approved continuing education credits in the area of Ethics within 60 days of settlement agreement in person. The continuing education cannot be used toward CE requirement for renewal. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-04-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating respondent must maintain better charting and proof of signing off/approval for prescribed work (i.e. root scaling and planing); Also Respondent shall respond to the Board personally and not the office manager in the future. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-14-COM
Ms. Laura Moss, RDH made a MOTION to withdraw the motion to issue an NCA from the April 20, 2012 board meeting. Dr. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating that periodontal care should be treated before Prosthodontics. Dr. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-15-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-16-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-21-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating patient records must be sent certified within ten working days. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-27-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-29-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter informing the Respondent to verify dental caries with radiographs. The advisory letter will also notify the Respondent that use of an electronic caries detector is not an appropriate exclusive diagnostic tool and to use caution in the future when using an electronic caries detector to diagnose caries. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-31-COM
No action taken
12-34-COM-B
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-35-COM
Ms. Laura Moss, RDH made a MOTION to refer the Respondent to the Impaired Practitioner’s Committee. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Ms. Laura Moss, RDH made a MOTION delegating authority to the Compliance Liaison/Officer to convene with the Impaired Practitioner’s Committee. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-40-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating the Board may pursue disciplinary action in the future for further complaints of this nature. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-41-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating the Board may pursue disciplinary action in the future for any further complaints of this nature. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-44-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-45-COM
Ms. Rebecca Howard, RDH made a MOTION that the Board ratify the Dental Hygiene Committee recommendation of dismissal. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-53-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter recommending the Complainant be refunded for the lower full denture. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-54-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-57-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-58-COM
Ms. Laura Moss, RDH made a MOTION to refer to AGO for a Pre-NCA Settlement Agreement for violation of 16.5.16.10 B (7), 16.5.1.16, and 61-5A-21 A (5) with the following terms: Respondent shall pay a fine of $1,000.00 within 30 days of settlement agreement and successfully complete the NM Dental Jurisprudence Examination within 30 days, Respondent shall successfully complete 3 hours of board approved continuing education credits in the area of infection control within 60 days of settlement agreement. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-61-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter recommending the Complainant be refunded $118. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-63-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-64-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter cautioning abusive billing practices as per 16.5.16.10 B (15). The letter will advise the Respondent that the Board will consider complaints of a similar nature in the future. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-67-COM
Ms. Laura Moss, RDH made a MOTION to refer to AGO for a Pre-NCA Settlement Agreement for violation of 61-5A-21 A (6), 61-5A-21 A (8), and 16.5.40.10(G) with that the following terms: Respondent shall accept a stipulated license requiring the Respondent to notify any future employers of the stipulated license for forging prescriptions. Respondent cannot have any further board complaints of this nature as per the stipulated license. Respondent must notify the board quarterly of who she is employed with. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-68-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter informing the Respondent to verify dental caries with radiographs. The advisory letter will also notify the Respondent that electronic caries detector is not an appropriate exclusive diagnostic tool and to use caution in the future when using an electronic caries detector to diagnose caries. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-71-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an Advisory Letter reminding the Respondent that dentists must order x-rays or have a standing order in the office policy to allow dental assistants to take x-rays. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-73-COM
Ms. Laura Moss, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-74-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating that patient records must be released as per 16.5.16.10 B (3). Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-75-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating the names of the dentists should be easier to locate on the website when selecting an office location and the website should be more user-friendly. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-77-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating Respondent is responsible for any false or misleading ads posted for his business and request proof that the advertisement in question has been removed. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-78-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with an advisory letter stating that both Respondent and collaborative practice hygienist should list the names of the owner hygienists and any employee dentists in advertisements (the rules have changed). In addition, any place a licensee works, he or she is responsible for the same rules and regulations concerning advertisements. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-82-COM
Ms. Rebecca Howard, RDH made a MOTION to dismiss the case. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
2. Incident/Malpractice Reports:
12-52-MAL
Ms. Laura Moss, RDH made a MOTION to refer to AGO for a Pre-NCA Settlement Agreement for violation of 16.5.3.8 and 16.5.16.10 B (19) with the following terms: Respondent shall pay a fine of $1,000.00 within 30 days of settlement agreement and successfully complete the NM Dental Jurisprudence Examination within 30 days which cannot be used for CE renewal. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-56-INC
Information purposes only.
12-70-INC
Informational purposes only
12-79-MAL
Ms. Laura Moss, RDH made a MOTION to refer to AGO for a Pre-NCA Settlement Agreement for violation of 16.5.3.8 and 16.5.16.10 B (19) with that the following terms: Respondent shall pay a fine of $1,000.00 within 30 days of settlement agreement and successfully complete the NM Dental Jurisprudence Examination within 30 days which cannot be used for CE renewal. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the Issuance of Notice of Contemplated Action. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-80-INC
Informational purposes only.
3. Decision and Order:
10-71-COM (Luffey)
Ms. Laura Moss, RDH made a MOTION to adopt the Hearing Officer’s Report. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL. Dr. Robert Gherardi and Dr. Jessica Brewster abstained.
Ms. Laura Moss, RDH made a second MOTION to dismiss and encourage the Respondent pay full restitution based on the findings of fact and conclusions of law. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL. Dr. Robert Gherardi abstained and Dr. Jessica Brewster recused.
Discussion and Board Action:
08-32-COM/12-28-COM
Ms. Laura Moss, RDH made a MOTION to issue an NCA to revoke license for failure to comply with terms of the settlement agreement for five years. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
10-06-COM
Ms. Laura Moss, RDH made a MOTION to consider this case complete and closed. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
10-31-COM
Ms. Laura Moss, RDH made a MOTION to accept the Settlement Agreement dated October 25, 2012. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
10-21-COM
Informational purposes only.
10-64-COM
Ms. Laura Moss, RDH made a MOTION to close this case due to statutory time limits. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
11-09-COM
Ms. Laura Moss, RDH made a MOTION to table. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
11-16-COM
Ms. Laura Moss, RDH made a MOTION to refer to the Attorney General’s Office for the issuance of an NCA for the following violations: 16.5.16.10 B (3). Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
11-85-COM
Ms. Laura Moss, RDH made a MOTION to dismiss the case with a letter to the Complainant stating that the Respondent no longer has a license to practice dentistry in the state of New Mexico. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
07-68-COM
Ms. Laura Moss, RDH made a MOTION to consider this case complete and closed. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
11-65-APP
No action taken.
12-23-APP
Ms. Laura Moss, RDH made a MOTION to approve the application. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-59-APP
Ms. Laura Moss, RDH made a MOTION to send the applicant an advisory letter stating they do not meet the licensure requirements pursuant to 16.5.8.7. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
12-62-APP
Ms. Laura Moss, RDH made a MOTION to issue an NCA to deny the application pursuant to 61-5A-12.F. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Martinez, Charleina, DA:
Ms. Laura Moss, RDH made a MOTION to withdraw the motion from the July 27, 2012 Board Meeting. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Ms. Laura Moss, RDH made a MOTION to send the certificate holder an advisory letter stating that she can reinstate her license by June 30, 2013 if she is in compliance with the Child Enforcement Agency.
Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Family Dental Health Care:
Ms. Laura Moss, RDH made a MOTION to withdraw the motion from the July 27, 2012 Board Meeting to deny the renewal. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Ms. Laura Moss, RDH made a MOTION to approve the renewal application. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Continuing Education Application:
No action taken – Informational purposes only.
New Mexico Monitored Treatment – Quarterly Reports:
No action taken - Informational purposes only.
XI. ADJOURNMENT
There being no other business to come before the Dental Board, Dr. Jessica Brewster, DDS made a MOTION to adjourn the meeting at 8:30 p.m. Ms. Rebecca Howard, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Submitted by: ____
Cynthia Salazar, Administrative Assistant Date
Approved by: ________________________________________ ___________
Jessica Brewster, DDS, Chair Date
|[pic] |NM BOARD OF DENTAL HEALTH CARE |
|AMENDED |REGULAR MEETING |
| |October 26, 2012 |
| |Spring Hill Suites |
| |1611 Hickory Loop |
| |Las Cruces, NM 88005 |
| |Main Conference/Board Room |
|REGULAR MEETING | |
|I. CALL TO ORDER | |
|II ROLL CALL | |
|III. APPROVAL OF AGENDA | |
|IV. APPROVAL OF MINUTES | |
|July 27, 2012 | |
|V. ACTION ON PROPOSED RULE CHANGES | |
| | |
|PART 21 - DENTIAL HYGIENISTS, TEMPORARY OR PUBLIC SERVICE LICENSURE | |
|Proposed Changes\16.005.0021.doc | |
| | |
|PART 29 – DENTAL HYGIENISTS, PRACTICE | |
|Proposed Changes\16.005.0029.doc | |
| | |
|PART 30 - DENTAL HYGIENISTS, DISCIPLINARY PROCEEDINGS | |
|Proposed Changes\16.005.0030.doc | |
| | |
|PART 56 – PARENTAL RESPONSIBILITY COMPLIANCE | |
|Proposed Changes\16.005.0056.doc | |
|VI. REPORTS | |
|Presentation of Plaque – Dr. Daniel Duran, DDS Appreciation Letter | |
|Chair Report – Dr. Jessica Brewster, DDS October 2012 | |
|Secretary’s Report – Dr. Burrell Tucker, DDS | |
|DD by Examination – Licenses issued = 17 DD 07/13/12 to 10/15/12 DD by Examination | |
|DD by Credentials – Licenses issued = 1 DD 07/13/12 to 10/15/12 DD by Credentials | |
|Dental Assistants – Licenses issued = 63 DA 07/13/12 to 10/15/12 Dental Assistants | |
|Expanded Function Dental Auxiliary issued = 0 07/13/12 to 10/15/12 | |
|Community Dental Health Coordinator issued = 0 07/13/12 to 10/15/12 | |
|Dental Hygienist Committee Report – Dianne Orrell-Lopez, RDH | |
|DH by Examination – Licenses issued = 28 DH 07/13/12 to 10/15/12 DH by Examination | |
|DH by Credentials – Licenses issued = 2 DH 07/13/12 to 10/15/12 DH by Credentials | |
|Anesthesia Committee Report – Dr. John Mitchell, DDS October 2012 | |
|Nitrous Applications = 20 07/13/12 to 10/15/12 Nitrous | |
|Conscious Sedation I = 2 07/13/12 to 10/15/12 CSI | |
|Conscious Sedation II = 1 07/13/12 to 10/15/12 CSII | |
|Deep Sedation/General Anesthesia = 0 07/13/12 to 10/15/12 | |
|NMDA Report | |
|NM Dept. of Health Report – Ms. Carol Hanson, October 2012 | |
|NM Health Services Report - Dr. Devi Gajapathi, BDS NO REPORT | |
|AADB Report – Dr. Burrell Tuckers, DDS | |
|WREB Report – Ms. Rebecca Howard, RDH October 2012 | |
|CRDTS Report – Dr. Charles Schumacher, DDS October 2012 | |
|NERB Report – Dr. Jessica Brewster, DDS October 2012 | |
|Advisory Council/Heroin Awareness – Dr. Jessica Brewster, DDS NM Prescription Drug Misuse and Overdose Prevention and Pain Management Advisory | |
|Council | |
|Administrator’s Report – Ms. Kathy Ortiz | |
|Compliance Liaison Report – Mr. Amos Padilla | |
|Rules & Statutes Committee | |
|RLD/Board Committee – Dr. Robert Gherardi October 2012 Meeting Minutes | |
|Ad Hoc Committees | |
|VII. OLD BUSINESS | |
|Confirm Future Meeting Dates 2013 calendar | |
|January Board Meeting – January 25, 2013 – Santa Fe | |
|April Board Meeting – April 26, 2013 – Santa Fe | |
|July Board Meeting – July 26, 2013 – Ruidoso | |
|October Board Meeting – October | |
|B. Budget – Mr. Patrick Sandoval, RLD | |
|C. Teeth Whitening – Dr. Kim Martin, DMD Teeth Whitening | |
|D. NM Radiology Exam – Ms. Laura Moss, RDH | |
|E. Bernadette Jojola EFDA | |
|VIII. NEW BUSINESS | |
|Open Meetings Act Presentation - Ms. Jennifer Salazar | |
|Carrie Credeur, RDH Resume | |
|Laser Technology – Dr. Kimberly Martin Laser Technology | |
|American Board of Facial Esthetics – Dr. Charles Schumacher, DDS Facial Esthetics | |
|Cosmetic Botox & Restalyn – Scot Martin, MD & Dr. Charles Schumacher, DDS Botox & Dermal | |
|Mission of Mercy – Dr. Charles Schumacher, DDS MOM New Mexico MOM Oklahoma | |
|American Academy of Sleep Medicine – Dr. Jessica Brewster, DDS Sleep Medicine | |
|NERB Annual Meeting – January, 2013 | |
|Billboard Advertising – Dr. Robert Gherardi, DMD | |
|Complete Credentialing Background Services CCBS | |
|Non-Dentist Owner Presentation – Ms. Rebecca Avita 10-26-2012 - Final.ppt | |
|Corporate Dentistry – Dr. Shelly Frtiz Task Force Report 10.26 | |
|Rules Changes – Dr. Brewster | |
|Audit Form | |
|Investigation Form | |
|Public Comment | |
|IX. EXECUTIVE SESSION | |
| | |
|Consider Request for Retirement Status: | |
|Kenneth J. Babon, DDS | |
|Gary Katz, DDS | |
|John McNeill, DDS | |
|John W. Rose, DDS | |
|Horace E. Ross, DDS | |
|Orvel T. Rozzell, DDS | |
| | |
|Consider Request of Revocation Non-Renewal to Retirement Status: | |
|Felix Collard, DDS | |
| | |
|Renewals for Review: | |
|Ramona Fields, DA | |
|Strider McCash, DDS | |
| | |
|Applications for Consideration: | |
|12-92-APP | |
|12-96-APP | |
|12-97-APP | |
|12-98-APP | |
|12-99-APP | |
| | |
|Consider Committee Recommendations: | |
| | |
|Complaints: | |
|11-10-COM, 11-57-COM, 12-04-COM, 12-14-COM, 12-15-COM, 12-16-COM, 12-21-COM, 12-27-COM | |
|12-29-COM, 12-31-COM, 12-34-COM-B, 12-35-COM, 12-40-COM, 12-41-COM, 12-44-COM, | |
|12-45-COM, 12-53-COM, 12-54-COM, 12-57-COM, 12-58-COM, 12-61-COM, 12-63-COM, 12-64-COM, 12-67-COM, 12-68-COM, 12-71-COM, 12-73-COM, 12-74-COM, | |
|12-75-COM, 12-77-COM, 12-78-COM, 12-82-COM | |
| | |
|Incident Reports/Malpractice Reports: | |
|12-52-MAL, 12-56-INC, 12-70-INC, 12-79-MAL, 12-80-INC | |
| | |
|Decision and Order | |
|10-71-COM– Jeffery Luffey, DDS | |
| | |
|Discussion and Board Action: | |
|08-32-COM & 12-28-COM – Saltz III, Edward | |
|10-06-COM – Stewart Ahn, DDS | |
|10-31-COM – Emergency Dental Care/Michael Obeng, DDS | |
|10-21-COM – Gilbert Trujillo, DDS | |
|10-64-COM – Lillian Jaime, DDS 10-64-COM (2) | |
|11-09-COM – Edward Romero, DDS | |
|11-16-COM | |
|11-85-COM | |
|07-68-COM - Garcia, Roderick, DDS | |
|11-65-APP | |
|12-23-APP | |
|12-45-COM | |
|12-62-APP 11-62-APP | |
|12-59-APP 12-59-APP 12-59-APP – Letter | |
|Martinez, Charleina, DA - Renewal | |
|Family Dental Health Care – Renewal | |
|Continuing Education Application | |
| | |
|Reports | |
|New Mexico Monitored Treatment Quarterly Reports | |
|MTP Report | |
|MTP Report | |
|X. BOARD ACTION ON MATTERS DISCUSSED IN EXEC. SESSION | |
|Items listed on Agenda | |
|XI. ADJOURNMENT | |
|FYI DOCUMENTS: | |
(Exhibit 1)
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.)
PART 21 DENTAL HYGIENISTS, TEMPORARY OR PUBLIC SERVICE LICENSURE:
16.5.21.1 ISSUING AGENCY: New Mexico Board of Dental Health Care
[9-30-96; 16.5.21.1 NMAC - Rn & A, 16 NMAC 5.21.1, 12-30-02]
16.5.21.2 SCOPE: The provisions of Part 21 of Chapter 5 apply to all dental hygienists applying for a temporary or public service license to practice in New Mexico.
[9-30-96; 16.5.21.2 NMAC - Rn, 16 NMAC 5.21.2, 12-30-02; A, 01-09-12]
16.5.21.3 STATUTORY AUTHORITY: Part 21 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, NMSA 1978 61-5A-14 (1996 Repl. Pamp.).
[9-30-96; 16.5.21.3 NMAC - Rn, 16 NMAC 5.21.3, 12-30-02]
16.5.21.4 DURATION: Permanent
[9-30-96; 16.5.21.4 NMAC - Rn, 16 NMAC 5.21.4, 12-30-02]
16.5.21.5 EFFECTIVE DATE: September 30, 1996, unless a later date is cited at the end of a section.
[9-30-96; 16.5.21.5 NMAC - Rn & A, 16 NMAC 5.21.5, 12-30-02]
16.5.21.6 OBJECTIVE: To establish the requirements for application for temporary or public service licensure as a dental hygienist.
[9-30-96; 16.5.21.6 NMAC - Rn, 16 NMAC 5.21.6, 12-30-02; A, 01-09-12]
16.5.21.7 DEFINITIONS:
A. “Entity” means a dental or dental hygiene organization, foundation or officially recognized study club, which has a constitution, bylaws and whose officers or board of trustees are dentists or dental hygienists licensed in good standing in the state.
B. “Good standing” means having an active dental hygiene license in a jurisdiction for a period of at least two consecutive years immediately preceding the date of application. The committee as ratified by the board shall consider stipulations, disciplinary, or administrative actions taken against a licensee by the issuing agency, within the previous two years, when determining whether a license is in good standing.
C. “In the state” or “in this state” means that a program has a physical presence in New Mexico in the form of a facility and a permanent faculty.
[9-30-96; 16.5.21.7 NMAC - Rn, 16 NMAC 5.21.7, 12-30-02; A, 01-09-12]
16.5.21.8 CATEGORIES OF TEMPORARY OR PUBLIC SERVICE LICENSES: Temporary or public service dental hygiene licenses may be issued in the following categories for specific purposes, if education and experience requirements are met.
A. Clinical educator.
(1) Dental hygienists, not currently licensed in New Mexico, who provide continuing education or training that includes clinical demonstrations on live subjects must apply for temporary licensure. The temporary license is issued for 48 hours (two days). If the course lasts longer than two days, additional 48 hour licenses may be requested upon payment of the applicable fees.
(2) Dental hygienists, not currently licensed in New Mexico, who intend to serve as a faculty member of an accredited dental hygiene program must apply for a temporary or public service license. The temporary or public service license is issued for 12 months and may be renewed one time. Temporary or public service licensees must be granted a license under the provisions of 16.5.19 NMAC or 16.5.21.15 NMAC prior to the expiration date of the temporary or public service license to continue uninterrupted practice of dental hygiene in New Mexico.
B. Public health dental hygiene. A dental hygienist may be granted temporary or public service licensure to practice in a state institution, public health clinic or public health program approved or maintained by the New Mexico department of health. The temporary or public service license holder is restricted to work exclusively in the institution or program named on the application. A temporary or public service license may be issued for six or 12 months and may be renewed one time. Temporary or public service licensees must be granted a license under the provisions of 16.5.19 NMAC or 16.5.21.15 NMAC prior to the expiration date of the temporary or public service license to continue uninterrupted practice of dental hygiene in New Mexico.
C. Presumptive public service licensure for charitable dental hygiene projects: A dental hygienists not holding a license in the state may be granted a presumptive public service license for up to 72 hours to participate in a committee approved, and ratified by the board, charitable project. Except as noted in this section the dental hygienist 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 committee and ratified by the board 45 days prior to the scheduled event;
(2) the dental hygienist receives no compensation for participating in the project;
(3) the project is sponsored by an entity as defined in 16.5.21.7 NMAC and that entity has been approved by the committee, and ratified by the board, to undertake the charitable project;
(4) the dental hygienist holds a license in good standing in another jurisdiction and the license is verified by the sponsoring entity;
(5) the dental hygienist has graduated from and holds a diploma from a dental hygiene school accredited by the commission on dental accreditation and a copy of the diploma is on file with the sponsoring entity;
(6) upon request of the out-of-state dental hygienist shall produce copies of their diploma and license in another jurisdiction;
(7) the dental hygiene care provided is within the scope and limits of the license the dental hygienist holds in the other jurisdiction;
(8) the out-of-state dental hygienist works under the indirect supervision of a dentist licensed in this state who is present at the charitable project;
(9) patients who receive dental hygiene 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 temporary or 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.
[3-14-73, 5-31-95, 9-30-96; 16.5.21.8 NMAC - Rn & A, 16 NMAC 5.21.8, 12-30-02; A, 09-18-10; A, 01-09-12; A, xx-xx-12]
16.5.21.9 REQUIREMENTS FOR TEMPORARY OR PUBLIC SERVICE LICENSURE: Presumptive public service dental hygienist as defined in Subsection C of 16.5.21.8 NMAC are not required to comply with Subsection C of this section. All other applicants for temporary or public service licensure must possess each of the following qualification:
A. graduated and received a diploma from an accredited dental hygiene program consisting of at least two academic years of dental hygiene curriculum as defined in Section 61-5A-13; and
B. hold a valid license obtained through a clinical examination in another state or territory of the United States;
C. applicants requesting a six or 12 month temporary or public service license are required to successfully complete the jurisprudence examination.
[3-14-73, 5-31-95, 9-30-96; 16.5.21.9 NMAC - Rn, 16 NMAC 5.21.9, 12-30-02; A, 09-18-10; A, 01-09-12]
16.5.21.10 DOCUMENTATION REQUIREMENTS: Except as otherwise required by Subsection C of 16.5.21.8 NMAC, presumptive public service dental hygienist do not need to comply with the following for presumptive public service licensure. All other applicants for temporary or public service licensure must submit the required fees and following documentation:
A. completed application, signed and notarized with a passport quality photo taken within six months affixed to the application; applications are valid for one year from the date of receipt;
B. proof of current basic life support (BLS) or cardiac pulmonary resuscitation (CPR) certification accepted by the American heart association, the American red cross, or the American safety and health institute (ASHI); cannot be a self-study course;
C. copies of all valid licenses and a letter from the applicant attesting to the status of each license;
D. an affidavit from the New Mexico licensed dental hygienist or dentist who will sponsor the applicant, attesting to the qualifications of the applicant and the activities the applicant will perform;
E. a list of activities to be practiced and the time period for which the temporary or public service license is requested;
F. in addition, applicants requesting temporary or public service licensure in public health must submit the following documentation:
(1) official transcripts or an original letter on letterhead with a raised embossed seal verifying successfully passing all required courses from the dental hygiene program, to be sent directly to the board office from the accredited program;
(2) copy of national board examination certificate or score card; and
(3) proof of having taken a course in infection control technique within the past 12 months.
[3-14-73, 5-31-95, 9-30-96; 16.5.21.10 NMAC - Rn, 16 NMAC 5.21.10, 12-30-02; A, 04-16-08; A, 09-18-10; A, 01-09-12]
16.5.21.11 RE-EXAMINATION PROCEDURE: An applicant who does not obtain a passing score on the jurisprudence examination must submit the re-examination fee as defined in Subsection D of 16.5.18.8 NMAC to re-take the exam.
[9-30-96; 16.5.21.11 NMAC - Rn, 16 NMAC 5.21.11, 12-30-02; A, 09-18-10; A, 01-09-12]
16.5.21.12 LICENSURE PROCEDURE:
A. Clinical Educator: Upon receipt of a completed application, including all required documentation and fees, a Committee member will review the application and may approve for licensure. The license will be read into the Committee and Board records at the next scheduled meeting.
B. Public Health Dental Hygiene: Upon receipt of a completed application, including all required documentation and fees, and successful completion of the jurisprudence examination, a Committee member will review the application and may approve for licensure. The license will be read into the Committee and Board records at the next scheduled meeting.
[3-14-73, 9-30-96; 16.5.21.12 NMAC - Rn & A, 16 NMAC 5.21.12, 12-30-02]
16.5.21.13 LIMITATION ON LICENSE:
A. Temporary or public service licensees shall engage in only those activities specified on the temporary or public service license for the time period designated.
B. Temporary or public service licensees shall only practice under the sponsorship, or in association with, a licensed New Mexico dental hygienist or dentist.
C. Temporary or public service licensees and the approved sponsor or associate are responsible for compliance with the act and these rules.
[3-14-73, 5-31-95; 16.5.21.13 NMAC - Rn, 16 NMAC 5.21.13, 12-30-02; A, 01-09-12]
16.5.21.14 RE-ISSUE PROCEDURES: To remain eligible for temporary or public service licensure; temporary or public service license holders who are eligible for reissue per Paragraph (2) of Subsection A and Subsection B of 16.5.21.8 NMAC must contact the board office three months prior to the expiration date to begin the re-issue process. All requirements regarding re-issue are the same as the initial application as defined in 16.5.21.8 NMAC. The application, fee and proof of 15 hours of continuing education must be post-marked on or before the expiration date.
[16.5.21.14 NMAC - N, 12-30-02; A, 09-18-10; A, 01-09-12]
16.5.21.15 CONVERSION OF TEMPORARY LICENSE TO LICENSE BY CREDENTIALS OR EXAMINATION: Temporary licenses may be renewed once for a 12 month time period. After that renewal the license is no longer eligible for re-issue. If uninterrupted practice of dental hygiene in New Mexico is desired after two years, then a temporary licensee must convert to a dental hygiene license by credentials or examination. Only temporary licenses previously issued for 12 months are eligible for conversion to a permanent license by credential or examination.
A. Following the completion of the requirements for licensure, some of which were submitted with the temporary application, the applicant will complete an application for licensure by credentials.
B. Any additional licenses acquired during the time practicing under a temporary license must be reported on the application for licensure by credentials or examination.
C. Any actions taken against the applicant’s license in any other jurisdiction while licensed in New Mexico under a temporary license must be reported on the application for license by credentials or examination.
D. Upon receipt of a complete application a committee member shall approve a New Mexico license by credential or examination unless there is any action pending against the temporary license. Then at the discretion of the committee or its agent, the temporary license may be extended until pending action is settled. If action is taken against the temporary license, conversion to a license by credentials or examination will be halted and the temporary license will no longer be renewed.
[16.5.21.15 NMAC - N, 12-30-02; A, 09-18-10; A, 01-09-12]
HISTORY OF 16.5.21 NMAC:
Pre-NMAC History:
Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:
BODHC Rule DH 3-95, Dental Hygienists, Temporary License, filed 05-05-95.
History of Repealed Material: [Reserved]
Other History:
BODHC Rule DH 3-95, Dental Hygienists, Temporary License, filed 05-05-95 was renumbered, reformatted and amended into the first version of NMAC as 16 NMAC 5.21, Dental Hygienists, Temporary Licensure, filed 09-17-96.
16 NMAC 5.21, Dental Hygienists, Temporary Licensure, filed 09-17-96 - renumbered, reformatted and amended to 16.5.21 NMAC, Dental Hygienists, Temporary Licensure, effective 12-30-02.
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.)
PART 29 DENTAL HYGIENISTS, PRACTICE
16.5.29.1 ISSUING AGENCY: New Mexico Board of Dental Health Care.
[9/30/96; 16.5.29.1 NMAC - Rn & A, 16 NMAC 5.29.1, 04/17/06]
16.5.29.2 SCOPE: The provisions of Part 29 of Chapter 5 apply to all active license holders and all dental hygienists working in New Mexico.
[9/30/96; 16.5.29.2 NMAC - Rn, 16 NMAC 5.29.2, 04/17/06]
16.5.29.3 STATUTORY AUTHORITY: Part 29 of Chapter 5 is promulgated pursuant to the Dental Health Care Act, Sections 61-5A-3 and 61-5A-4 NMSA 1978 (1996 Repl. Pamp.).
[9/30/96; 16.5.29.3 NMAC - Rn, 16 NMAC 5.29.3, 04/17/06]
16.5.29.4 DURATION: Permanent
[9/30/96; 16.5.29.4 NMAC - Rn, 16 NMAC 5.29.4, 04/17/06]
16.5.29.5 EFFECTIVE DATE: September 30, 1996, unless a later date is cited at the end of a section.
[9/30/96; 16.5.29.5 NMAC - Rn & A, 16 NMAC 5.29.5, 04/17/06]
16.5.29.6 OBJECTIVE: To establish allowable practice settings, scope of practice and limitations on dental hygiene practice in New Mexico.
[9/30/96; 16.5.29.6 NMAC - Rn, 16 NMAC 5.29.6, 04/17/06]
16.5.29.7 DEFINITIONS:
A. “Cavitation” means a break in the continuous, solid surface of the enamel of a tooth, created either by genetic formation or demineralization.
B. “Dental hygiene-focused assessment” means the documentation of existing oral and relevant systemic conditions and the identification of potential oral disease to develop, communicate, implement and evaluate a plan of oral hygiene care and treatment.
C. “Topical theraputic agents” means agents applied to the teeth or gingiva that have a therapeutic effect locally with limited or no systemic effect.
[9/30/96; 16.5.29.7 NMAC - Rn, 16 NMAC 5.29.7, 04/17/06; A, 01/09/12]
16.5.29.8 SCOPE OF PRACTICE: A dental hygienist may perform dental hygiene services as defined in Section 61-5A-4 [(B) and (C)] B thru F of the act with the supervision defined. In addition, a licensed hygienst may:
A. prescribe, administer or dispense therapeutic agenst as per the formulary as defined in Subsection C of 16.5.29.11 NMAC;
B. function as an expanded function dental auxiliary after passing the certifying exam and completing the apprenticeship accepted by the board;
C. function as a community dental health coordinator after completing a program certified by the board;
D. except in cases where a tooth exhibits cavitation of the enamel surface, assessing without a dentist's evaluation whether the application of pit and fissure sealants is indicated;
E. except in cases where a tooth exhibits cavitation of the enamel surface, applying pit and fissure sealants without mechanical alteration of the tooth;
F. administration of local anesthesia as defined in 16.5.28 NMAC; and
G. such other closely related services as permitted by the rules of the committee and the board.
[10/21/70, 5/31/95; 16.5.29.8 NMAC - Rn, 16 NMAC 5.29.8, 04/17/06; A, 01/09/12]
16.5.29.9 LIMITATIONS ON PRACTICE: Dental hygienists shall not perform, or attempt to perform, the following services or procedures:
A. removal of, or addition to, the hard or soft tissues of the oral cavity, other than diseased crevicular tissue;
B. placement or insertion of any permanent filling material;
C. diagnosis and dental treatment planning;
D. the final fitting, adaptation, seating and cementation of any fixed or removable dental appliance or restoration, including but not limited to inlays, crowns, bands, space maintainers, habit devices or splints;
E. final impressions for restorations or prosthetic appliances;
F. irrigation and medication of canal, cone try-in, reaming, filing, or filling of root canals;
G. other services defined as the practice of dentistry in Section 61-5A-4 (A) of the act and not specifically listed in Section 61-5A-4 (B) and (C) NMSA 1978, unless exempted by regulation; and
H. apply pit and fissure sealants without a dentist evaluation in cases where the tooth does exhibit cavitation of the enamel surface.
[3/14/73, 4/10/81, 3/11/89, 5/31/95; 16.5.29.9 NMAC - Rn, 16 NMAC 5.29.9, 04/17/06; A, 01/09/12]
[16.5.29.10 PRACTICE SETTINGS: New Mexico licensed dental hygienists may practice in the following settings; with supervision as defined in 16.5.1 NMAC:
A. the office of a New Mexico licensed dentist;
B. a clinic or clinics operated or approved by an executive agency of the state of New Mexico;
C. a hospital with written authorization;
D. a state licensed nursing home or long term care facility with written authorization;
E. a school regulated by the New Mexico department of education; or
F. a medical office for the application of topical preventative therapeutics.] [RESERVED]
[5/31/95, 12/15/97; 16.5.29.10 NMAC - Rn, 16 NMAC 5.29.10, 04/17/06; A, 04/16/08; A, 01/09/12; rpl, xx/xx/12]
16.5.29.11 DENTAL HYGIENISTS PRESCRIPTIVE AUTHORITY: A dental hygienist may prescribe, administer and dispense a flouride supplement, topically applied flouride, and topically applied antimicrobials from the following formulary under the following stipulations.
A. A New Mexico licensed dentist shall supervise, at least by general supervision the prescribing, administration or dispensing by the hygienist. In a collaborative hygiene practice the formulary used by the dental hygienist and situations for each therapeutic agent must be set forth in the collaborative practice agreement. Dental hygienists shall keep as part of the patient record a clear documentation of the therapeutic agent prescribed, administered or dispensed, the date and reason.
B. Under no circumstances shall a dental hygienist be allowed to prescribe, dispense or administer:
(1) drugs whose primary effect is systemic; and
(2) dangerous drugs or controlled substances as defined in the pharmacy act (NMSA 1978, Section 61-11-1 et deq.) controlled substances act (NMSA 1978, Sections 31-30-1 et seq.) or Drug Device and Cosmetic Act (NMSA 1978, Sections 26-1-1 et seq.).
C. Dental hygienists may prescribe from the following list:
(1) fluoride supplements (all using sodium fluoride);
(a) tablets – 0.5 mg, 1.1 mg, 2.2 mg;
(b) lozenges – 2.21 mg;
(c) drops – 1.1 mg/mL;
(2) topical anti-caries treatments (all using sodium fluoride unless otherwise stated);
(a) toothpastes – 1.1% or less (or stannous fluoride 0.4%);
(b) topical gels – 1.1% or less (or stannous fluoride 0.4%);
(c) oral rinses – 0.05%, 0.2%, 0.44%, 0.5%;
(d) oral rinse concentrate (used in periodontal disease) – 0.63% stannous fluoride;
(e) fluoride varnish – 5 %;
(f) prophy pastes (containing approximately 1.23% sodium fluoride and used for cleaning and polishing procedures as part of professional dental prophylaxis treatment);
(3) topical anti-infectives:
(a) chlorhexidine gluconate ;
(i) rinses – 0.12%;
(ii) periodontal chips (for insertion into the periodontal pocket);
(b) tetracycline impregnated fibers (inserted subgingivally into the periodontal sulcus);
(c) doxycycline hyclate periodontal gel (inserted subgingivally into the periodontal sulcus); and
(d) minocycline hydrochloride periodontal paste (inserted subgingivally into the periodontal sulcus).
[16.5.29.11 NMAC - N, 01/09/12]
HISTORY OF 16.5.29 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center and archives as:
Article XI, Practice of Dental Hygiene, filed 3/12/81.
Article XI, Practice of Dental Hygiene, filed 1/12/82.
Article XI, Practice of Dental Hygiene, filed 3/30/82.
Article XI, Practice of Dental Hygiene, filed 2/5/88.
BOD Rule 9, Practice of Dental Hygiene, filed 2/9/89.
BODHC Rule DH 9-95, Dental Hygiene, Practice, filed 5/5/95.
History of Repealed Material: [RESERVED]
Other History:
BODHC Rule DH 9-95, Dental Hygiene, Practice (filed 5/5/95) was renumbered, reformatted, amended and replaced by 16 NMAC 5.29, Dental Hygienists, Practice, effective 9/30/96.
16 NMAC 5.29, Dental Hygienists, Practice (filed 9/17/96) renumbered, reformatted, amended and replaced by 16.5.29 NMAC, Dental Hygienists, Practice, effective 04/17/06.
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 5 DENTISTRY (DENTISTS, DENTAL HYGIENISTS, ETC.)
PART 30 DENTAL HYGIENISTS, DISCIPLINARY PROCEEDINGS, LICENSE REVOCATION
OR SUSPENSION FOR DISCIPLINARY ACTIONS
16.5.30.1 ISSUING AGENCY: New Mexico Board of Dental Health Care.
[9-30-96; 16.5.30.1 NMAC - Rn & A, 16 NMAC 5.30.1, 12-14-00]
16.5.30.2 SCOPE: The provisions of 16.5.30 NMAC apply to all active license holders and applicants for licensure. These provisions may also be of interest to anyone who may wish to file a complaint against a licensed dental hygienist.
[9-30-96; 16.5.30.2 NMAC - Rn, 16 NMAC 5.30.2, 12-14-00]
16.5.30.3 STATUTORY AUTHORITY: 16.5.30 NMAC is promulgated pursuant to the Dental Health Care Act, NMSA 1978, Section 61-5A-21 (1996 Repl. Pamp.).
[9-30-96; 16.5.30.3 NMAC - Rn, 16 NMAC 5.30.3, 12-14-00]
16.5.30.4 DURATION: Permanent.
[9-30-96; 16.5.30.4 NMAC - Rn, 16 NMAC 5.30.4, 12-14-00]
16.5.30.5 EFFECTIVE DATE: September 30, 1996, unless a later date is cited at the end of a section.
[9-30-96; 16.5.30.5 NMAC - Rn, 16 NMAC 5.30.5, 12-14-00; A, 07-19-10]
16.5.30.6 OBJECTIVE: To establish the procedures for filing complaints against licensees, the disciplinary actions available to the board, the authority to issue investigative subpoenas and to further define actions by a licensee which are considered incompetent or unprofessional practice.
[9-30-96; 16.5.30.6 NMAC - Rn, 16 NMAC 5.30.6, 12-14-00]
16.5.30.7 DEFINITIONS:
A. “Addiction” means a neurobehavioral syndrome with genetic and environmental influences that result in psychological dependence on the use of substances for their psychic effects. It is characterized by behaviors that include one or more of the following: impaired control over drug use; compulsive use; continued use despite harm; and craving. Physical dependence and tolerance are normal physiological consequences of extended opioid therapy for pain and should not by themselves be considered addiction.
B. “Chronic pain” means a pain state which is persistent and in which the cause of the pain cannot be removed or otherwise treated.
C. “Drug abuser” means a person who takes a drug or drugs for other than legitimate medical purposes.
D. “Pain” means an unpleasant sensory and emotional experience associated with inflammation or with actual or potential tissue damage, or described in terms of such inflammation or and damage.
[C]E. “Patient abandonment” means withdrawing a patient from treatment without giving reasonable notice or providing a competent replacement provider.
[E]F. “Physical dependence” means a state of adaptation that is manifested by a drug-specific withdrawal syndrome that can be produced by abrupt cassation, rapid dos reduction, decreasing blood level of the drug, administration of an antagonist, or a combination of these.
[F]G. “Tolerance” means a state of adaptation in which exposure to a drug induces changes that result in a diminution of one or more of the drug’s effects over time.
[9-30-96; 16.5.30.7 NMAC - Rn, 16 NMAC 5.30.7, 12-14-00; A, 01-09-12; A, xx-xx-12]
16.5.30.8 COMPLAINTS: Disciplinary proceedings may be instituted by sworn complaint of any person, including members of the board and committee. Any hearing held pursuant to the complaint shall conform with the provisions of the Uniform Licensing Act, the Dental Health Care Act and the Impaired Dentists and Dental Hygienists Act.
[3-14-73, 5-31-95; 16.5.30.8 NMAC - Rn, 16 NMAC 5.30.8, 12-14-00]
16.5.30.9 ACTIONS:
A. The committee may assess fines, deny, revoke, suspend, stipulate, or otherwise limit a license if it is determined the licensee is guilty of violating any of the provisions outlined in the act, the Uniform Licensing Act, the Impaired Dentists and Hygienists Act, or these rules.
B. The committee may reprimand, censure, or require licensees to fulfill additional continuing education hours within limited time constraints for violations of the act or rules.
C. The committee shall take into consideration the dual role of dental hygienists as professionals and employees when taking disciplinary action against a licensee. In the event the complaint is ruled to be based primarily in the role of employee, the committee may share the findings with the board so appropriate action may be considered for the employer/dentist.
[3-14-73, 5-31-95, 9-30-96; 16.5.30.9 NMAC - Rn, 16 NMAC 5.30.9, 12-14-00]
16.5.30.10 GUIDELINES: The committee shall define the following as guidelines for disciplinary action.
A. “Gross incompetence” or “gross negligence” means, but shall not be limited to, a significant departure from the prevailing standard of care in patient treatment.
B. “Unprofessional conduct” means, but is not limited to because of enumeration:
(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 hygiene profession;
(2) failure to advise the patient in simple understandable terms of the treatment rendered, the expectations for success, and the responsibility the patient must assume;
(3) failure to inform dentist or patient of periodontal assessment;
(4) failure to provide patient education of oral health care regimens which assist in maintaining good oral health throughout life;
(5) sexual misconduct;
(6) failure to use appropriate infection control techniques and sterilization procedures;
(7) breach of ethical standards, an inquiry into which the committee will begin by reference to the code of ethics of the American dental hygienists’ association;
(8) fraud, deceit or misrepresentation in any renewal or reinstatement application;
(9) violation of any order of the committee, and ratified by the board, including any probation order;
(10) injudicious administration of any drug or medicine;
(11) failure to report to the committee or board any adverse action taken by any licensing board, peer review body, malpractice insurance carrier or any other entity as defined by the board or committee, the surrender of a license to practice in another state, surrender of membership on any medical staff or in any dental hygiene or professional association or society, in lieu of, and while under disciplinary investigation by any authority;
(12) deliberate and willful failure to reveal, at the request of the committee, the incompetent, dishonest, or corrupt practices of a dentist or dental hygienist licensed or applying for licensure by the committee or board; and
(13) cheating on an examination for licensure;
(14) failure of a dental hygienist to comply with the following advertising guidelines:
(a) shall not advertise in a false, fraudulent, or misleading manner, and
(b) shall include in the advertisement the name of the hygienist, the name of the employer dentist(s), the practice address(es) and telephone number(s);
(15) failure of a collaborative practice dental hygienists to refer a patient for dental care; or
(16) failure of a collaborative practice dental hygienist to comply with the terms of a signed collaborative practice agreement;
(17) failure of a collaborative practice dental hygienist to professionally and effectively communicate with a patients dentist of record, or consulting dentist, in a professional manner in regard to a shared patient's care under 16.5.17 NMAC of these rules;
(18) failure of a collaborative dental hygienist to comply with the following advertisement guidelines, no person shall:
(a) practice dental hygiene under the name of a corporation , company, association , limited liability company, or trade name without full and outward disclosure of his/her full name, which shall be the name used in his/her license or renewal certificate as issued by the board;
(b) practice dental hygiene without displaying his/her full name as it appears on the license issued by the board on the outside of the entrance door of each office;
(c) shall include in all advertisements the dental hygienist’s name, address and telephone number; and
(d) shall not advertise a practice in a false, fraudulent or misleading manner.
[(18)](19) 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)](20) conviction of either a misdemeanor or a felony punishable by incarceration;
[(20)](21) aiding and abetting a dental auxiliary who is not properly certified;
[(21)](22) patient abandonment;
[(22)](23) habitually addicted as defined in 61.5A-21 4 & 6 and 61.5B-3.(C) and (D) 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;
[(23)](24) failure of the licensee to furnish the committee; its investigators or representatives with information requested by the committee, and ratified by the board; [and]
[(24)](25) failure to appear before the board when requested by the committee, and ratified by the board, in any disciplinary proceeding; and
(26) failure to be in compliance with the Parental Responsibility Act NMSA1978, Section 40-5A-3 seq.
[3-14-73, 4-10-81, 10-16-92, 5-31-95, 9-30-96, 1-1-99, 2-14-00; 16.5.30.10 NMAC - Rn & A, 16 NMAC 5.30.10 12-14-00; A, 07-19-10; A, 01-09-12; A, xx-xx-12]
16.5.30.11 INVESTIGATIVE SUBPOENAS: The complaint committee of the committee is authorized to issue action investigative subpoenas and to employ experts with regard to pending investigations.
[5-31-95; 16.5.30.11 NMAC - Rn & A, 16 NMAC 5.30.11, 12-14-00; A, 04-16-08; A, 07-17-08]
16.5.30.12 REVOCATION OF COLLABORATIVE LICENSE FOR DISCIPLINARY ACTIONS: A collaborative practice licensee whose license is revoked for disciplinary actions shall:
A. provide proof of written notification of practice closure to all patients currently under active treatment;
B. notification to patients should include where and how dental treatment records may be obtained and contact information for dentists available; and
C. provide to the board the location where all active dental treatment records will be maintained for a minimum of six years; active treatment records are records of patients treated in the two years previous to the date of closure; the notification to the board shall include the name, address, and telephone number of the person who is serving as the custodian of the records.
[16.5.30.12 NMAC - N, 01-09-12]
16.5.30.13 REINSTATEMENT OF REVOKED LICENSE FOR DISCIPLINARY ACTIONS: A licensee whose license has been revoked for disciplinary actions may request reinstatement of the license after the terms of the settlement agreement have been met. Upon approval from the committee, and ratified by the board, and receipt of the request for reinstatement, board staff shall send an application for reinstatement of license.
A. Along with the completed application, the request for reinstatement shall include the reinstatement fee, the triennial renewal fee, impairment fee, and proof of the following continuing education courses:
(1) 20 hours of approved continuing education courses related to the clinical practice of dental hygiene, per year of revocation; at least 20 of these hours shall be in the 12 months previous to the request;
(2) proof of current basic life support (BLS) or cardiac pulmonary resuscitation (CPR) certification accepted by the American heart association, the American red cross, or the American safety and health institute (ASHI); cannot be a self-study course;
(3) proof of infection control course within the past 12 months; and
(4) 45 hours of continuing education required for the last triennial renewal cycle of active licensure; these hours may include continuing education identified at the time of revocation as well as any continuing education taken during the revoked period.
B. Applicant shall authorize the American association of dental examiners clearinghouse to send verification of status directly to the board office.
C. The board will obtain electronic verification of applicant status from the national practitioners’ data bank.
D. Verification of licensure in all states where the applicant holds or has held a license to practice dental hygiene, or other health care profession. Verification shall be sent directly to the board office from the other state(s) board, shall include a raised seal, and shall attest to the status, issue date, expiration date, license number, and other information contained on the form.
E. The board at the next regularly scheduled meeting shall review the request for reinstatement, including a statement of the applicant's activities during the period of revocation and information on any existing impairment. If the board finds the application in order and is satisfied the applicant has fulfilled all required continuing education, the license may be reinstated and the previous license number reassigned. The reinstated license will expire as defined in 16.5.11 NMAC.
F. A dental hygienist with a license in revocation status may not practice dental hygiene in New Mexico until proof of active licensure is received from the board office.
G. If reinstatement of a revoked license is not requested within three years after settlement agreement has been met, application for a new license shall be made by examination or credentials in order to practice dental hygiene in New Mexico.
[16.5.30.13 NMAC - N, 01-09-12]
16.5.30.14 REINSTATEMENT OF SUSPENDED LICENSE FOR DISCIPLINARY ACTIONS: For licenses suspended for greater than six months; a licensee whose license has been suspended for disciplinary actions in addition to meeting the terms of the settlement agreement shall also meet the following conditions before reinstatement of licensure:
A. verification of licensure in all states where the applicant holds or has held a license to practice dental hygiene, or other health care profession; verification shall be sent directly to the board office from the other state(s) board, shall include a raised seal, and shall attest to the status, issue date, expiration date, license number, and other information contained on the form;
B. the board at the next regularly scheduled meeting shall review the request for reinstatement, including a statement of the applicant's activities during the period of suspension and information on any existing impairment; the reinstated license will expire as defined in 16.5.11 NMAC; and
C. a dental hygienist with a license in suspended status may not practice dental hygiene in New Mexico until proof of active licensure is approved by the board and issued by the board office.
[16.5.30.14 NMAC - N, 01-09-12]
HISTORY OF 16.5.30 NMAC:
Pre-NMAC History:
Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:
BDE 69-1, Rules and Regulations of the New Mexico Board of Dental Examiners, filed 08-14-69;
BDE 70-1, Rules and Regulations of the New Mexico Board of Dental Examiners, filed 09-21-70;
BDE 73-1, Rules and Regulations of the New Mexico Board of The New Mexico Board of Dentistry, filed 02-12-73;
Article XIII, Disciplinary Proceedings, filed 03-11-81;
Article XIII, Disciplinary Proceedings, filed 01-12-82;
Article XIII, Disciplinary Proceedings, filed 03-30-82;
BOD Rule 11, Disciplinary Proceedings, filed 02-09-89;
BODHC Rule DH 10-95, Dental Hygienists, Disciplinary Proceedings, filed 05-05-95.
History of Repealed Material:
BDE 73-1, Rules and Regulations of the New Mexico Board of Dentistry (filed 2-12-73) repealed by Article XIV, filed 3/12/1981.
Other History:
BODHC Rule DH 10-95, Dental Hygienists, Disciplinary Proceedings (filed 05-05-95) was renumbered, reformatted and amended into the first version of NMAC as 16 NMAC 5.30, Dental Hygienists, Disciplinary Proceedings, effective 9-30-96.
16 NMAC 5.30, Dental Hygienists, Disciplinary Proceedings (filed 09-17-96) was renumbered, reformatted and amended to 16.5.30 NMAC, Dental Hygienists, Disciplinary Proceedings, effective 12-14-00.
(Attachment A)
New Mexico Board of Dental Health Care
Jessica Brewster, DDS
October 26, 2012
1. STAFF: We still do not have a Board Administrator. Three candidates were interviewed and I sat in on the interviews. One good candidate was offered the position, but she declined it. We now have to start the process over again, advertise, vet by state personnel, interview. Thanks to Kathy Ortiz who continues to help our Board and Cynthia Salazar who has really stepped up to take over many Board duties.
2. Committee Appointments and elections will happen in January. If you have any special interests please let me know.
3. We will have a brief discussion today with our attorney Jennifer Salazar to discuss the Opens Meeting Act, IPRA requests, our Board duties and responsibilities. If we have a lot of questions or need clarification, we may need to set up a separate training.
4. Meeting Times. Our meetings are often very long. Dr. Shumacher suggested we start meetings at 8 AM. I would like to get feedback from other members about this. I would also like to suggest that members of both the Board and Committee get all reports sent in before meetings to be included in the packets. We do not need to review every written report at the meeting unless there is discussion needed. Any other suggestions would be appreciated.
5. FYI: Health Action New Mexico began meeting with legislators regarding the DHAT bill they will introduce. The bill calls for 2 DHAT advocates to be appointed by the Governor as voting members of both the Board and Committee. This would mean that non-dentists would outnumber dentists on the Board and non-hygienists would outnumber hygienists on the Committee.
6. Our Board now has the part time services of an RLD investigator. Other licensing boards use investigators to do inspections of offices to check sterilization practices, proper disposal of wastes etc. Our Board has a statute giving us “the authority to hire or contract with investigators to investigate possible violations of the Dental Health Care Act”. 61-5A-10 (L). Before using the investigator I would like our Board to discuss how we should use them. If we get an anonymous complaint about improper sterilization or disposal of x-ray chemicals, should we send an investigator? Should we have the complaint committee review the complaint first?
(Attachment B)
26 October 2012
Anesthesia Committee Report to the New Mexico Board of Dental Health
1) The agenda from the 24 September 2012 meeting of the Anesthesia Committee of the New Mexico Board of Dental Health is as follows
a. Approval of minutes from last meeting.
b. A discussion regarding examinations performed and/or permits approved since the last meeting. (See below “A.” through “C.”)
c. Make assignments for members of the Anesthesia Committee for completion of pending Office Anesthesia Evaluations.
i. These assignments were made as appropriate for the permit.
d. Re-discuss having the New Mexico Board of Dental Health Care purchase new Office Anesthesia Evaluation Manuals produced by the American Association of Oral and Maxillofacial Surgeons. The 8th edition is now available through AAOMS at a cost of $474.00 per manual.
i. All members continue to agree that this is appropriate.
e. Discuss having new member added (to be named at a later date) to bring committee composition up to New Mexico Board of Dental Health standards. Have heard nothing further in this regard since prior to last Anesthesia Committee Meeting……..
i. No instructions have been forwarded from the Board of Dental Health regarding this issue
f. Discuss concern over “itinerant” anesthesia providers.
i. This is the equivalent of an “at large” permit holder.
ii. This is coming under scrutiny on a national level.
iii. Potential “recipe for disaster”.
1. All members agreed that this is aserious issue which needs to be tracked
g. Discuss new requirement for capnography imposed on Oral and Maxillofacial Surgeons by the American Association of Oral and Maxillofacial Surgeons.
i. Goes into effect on 01 January 2014.
ii. Should this recommendation, as made by the American Society of Anesthesiologists, apply to all CSII and DS/GA permit holders in New Mexico??
1. The majority of members agreed that the requirement for capnographic monitoring should apply to CSII permit holders as well as all DS/GA permit holders who are not members of AAOMS.
2) Actions of the committee are as follows:
A. CSI: All Permit Requests were recommended for approval. All permits are for 6 years.
a. Jared Southwell (Kirtland) Permanent (Renewal)
b. Christian Peck (Rio Rancho) Permanent (Renewal)
B. CSII:
a. Office evaluations Completed and “permanent” Permits Recommended
i. None since last report
b. Facility Permits in Order and Temporary Permits Recommended
i. No additions since last report
C. DS/GA
a. Office Anesthesia Evaluations Passed and “Permanent” Permits Recommended
i. None since last report
b. Office Evaluations Pending after Temporary Permits Granted
i. No additions since last report
John C. Mitchell DDS
Chairman of Anesthesia Committee
(Attachment C)
To: New Mexico Board of Dental Health Care and the Dental Hygiene Committee
From: Carol Hanson, RDH, MPH
Coordinator, New Mexico Dental Support Center (NMDSC)
New Mexico Department of Health/Public Health Division/Health Systems Bureau
Office of Primary Care and Rural Health
300 San Mateo NE, Suite 900
Albuquerque, NM 87108
505-222-8685
carol.hanson@state.nm.us
Date: October 2, 2012
• Developed July, August, and September 2012 Newsletters with the NMPCA. Distributed newsletters via e-mail to network dental providers, network dental educators, UNM dental residents, executive directors of community health center dental clinics, and other interested parties
• Co-coordinated the August 17, 2012 NMPCA/NMDSC Dental Provider Meeting at PCA.
18 attended.
• Attended the September 28, 2012 NM Oral Health Advisory Council Meeting in Albuquerque
• Facilitated the July 25, 2012 NM Dental Educators’ Consortium conference call. Five dental educators attended.
• Attended NM BDHC & DHC July 27, 2012 meeting
• Planned and facilitated August 29, 2012 NM Dental Educators’ Consortium conference call.
• Met with new dental director of La Clinica del Pueblo de Rio Arriba on August 10, 2012
• Assisted Office of Oral Health in providing dental screenings and sealants for students in Raton, Cimarron, Eagle Nest, Maxwell and Springer
• Prepared to contract with San Juan CC to develop the CDHC contingent upon NMDOH receiving continued HRSA funding for NMDSC activities 2012-2015. Unfortunately, funds were not received. Consequently, the NMDSC will be unable to continue some of the activities that were provided in the past
Respectfully Submitted,
Carol Hanson
(Attachment D)
WREB report to the New Mexico Dental Hygiene Committee Meeting and Board of Dental Health Care
October 26, 2012
By
Rebecca Howard, RDH
The WREB 2012 Dental Hygiene exam season has gone smoothly. There are 3 anesthesia and 2 dental hygiene exams remaining. The exam schedule for 2013 and the WREB calendar listing training and committee meeting dates are now available.
Dental Hygiene examiner standardization continues to be conducted on line. Examiners are required to view and complete standardization exercises and view HESS presentations before each assigned exam.
Two Educator forums for restorative and two for dental hygiene will be held this fall. All forums will reflect the 2013 exam criteria.
WREB has added six new site and auxiliary coordinators and the new office manager, Victoria DeLeon moved into the full time position in April.
2013 WREB Board of Directors: Non-Voting Members
Dr. Joe Zayas, President Beth Cole
Dr. Arne Phil, Treasurer Dr. Charles Broadbent
Carl Price, RDH Dr. Bruce Horn
Dr. Norm Magnuson Kelly Reich, RDH
Dr. James Sparks
Dr. Kevin Stock
Connie Sliwinski, RDH
Dr. Nathaniel Tippit
(Attachment E)
CRDTS Report to the New Mexico Board of Dental Health Care
From: Charles Schumacher, DDS, Member
October 26, 2012
I attended the Annual Meeting for the Central Regional Testing Service held in Kansas City August 24-25, 2012. I am the representative member from New Mexico on the Steering Committee.
I will report the highlights of the meeting:
Ms. Laura Jacob was voted to be the new Executive Director. She is a hygienist from Colorado with excellent credentials.
CRDTS is considering adding a new part of the dental exam, a perio and removable prosth computer simulation exam. So far, they are still evaluating it, but it has received positive reviews so far.
There is a possible collaboration with CITA in the future to develop a standard exam given by both testing agencies.
CRDTS does have a Dental Therapist restorative exam. The Hygiene exam does not test anesthesia at this time.
We need to provide more NM dentists and hygienists as CRDTS examiners. Tammy Sanderson, RDH, who is the senior class supervisor for the San Juan College Hygiene program has volunteered to be a CRDTS examiner (new business).
CRDTS hygiene exams in NM in 2013: Both in ABQ- April 4-6 at Pima Medical Institute and May 17-19 at UNM. Again, no anesthesia test is offered.
There is NO computer exam for diagnostic testing like WREB, it is covered during the clinical exam. For those candidates attending programs outside of ABQ, it is advantageous to not have separate trip to testing site in ABQ. However, hygiene candidates must still take the WREB for anesthesia administration. The programs will need to decide how to advise their students for testing selection, but one less trip to ABQ may make the difference.
Those in attendance from NM: Myself; Cher Lefebvre, RDH, ENMU, Roswell; Carrie Credeur, Dona Ana CC; Elaine Sanchez Dils, RDH, Pima Medical Institute; Dr Bob Giannini, WREB representative.
I will be attending a Manikin Grading Session Nov 2-3, 2012 in Kansas City. Dr Kim Martin is also scheduled to attend.
(Attachment F)
NERB Report
Jessica Brewster, DDS
I will be attending the annual NERB meeting in January 2013.
I will attend the new examiner training at that time and hope to begin doing exams sometime in 2013.
(Attachment G)
New Mexico Prescription Drug Misuse and Overdose Prevention and Pain Management Advisory Council
Jessica Brewster, DDS
October 26, 2012
The next meeting of the Advisory Council is this Friday October 19, 2012.
I have written this report before the meeting, so do not have the most up to date information.
This Advisory Council was created by a law passed last year. Basically the need for the Council arose from the fact that NM has the highest drug overdose death rate per capita of any state. The drugs most often used in overdose deaths are heroin and cocaine.
Prescription drugs are often gateway drugs for heroin, cocaine and other street drug use. The Advisory Council is made up of members of all Boards whose members have prescriptive authority, plus public members.
This Advisory Council will make recommendations for Boards to follow. One such recommendation is that rules be passed requiring CE in prescribing opoid pain meds .The medical Board now requires 5 hours of CE at each renewal cycle on prescribing opoid pain meds.
The Heroine Awareness Advisory Group was instrumental in passing last year’s legislation requiring this Council.
There were some people pushing for a law limiting dentists, and other health care professional’s prescriptive authority.
I would recommend we adopt this Advisory Council’s recommendations. This will help protect the public and will also help keep the prescriptive authority for dentists and hygienists with dental professionals.
(Attachment H)
REPORT OF MEETING WITH NEW MEXICO BOARD OF NURSING
October 26, 2012
Dr. Chuck Schumacher DDS and Dr. Robert Gherardi DMD met with the Executive Director of the Nursing Board, Dr. Nancy Darbro PhD., on Friday Sept. 14, 2012 for the purpose of evaluating how the Nursing Board functioned not being part of RLD.
Here is what we found:
The Nursing Board regulates some 30,000 licensees and certificate holders. They have 19 staff and an Executive Director. Staff also includes an independent prosecuting attorney and an auditor. This staff are under contracts approved by LFC. The Board’s advisory attorney is from the AG’s office.
Even though the Nursing Board is not under LFC, because it is a state agency there is no separate liability for members. They are covered by the state.
They must have an independent auditor, financial manager to be sure fees and payments are properly handled. These procedures must be defended to the LFC.
The Nursing Board is still a state agency and must have its own mission statement and management philosophy.
Nursing Board must still submit a budget to Legislative Finance Committee and Dept. of Financial Administration. Even though their budget is in the millions and the have several million in reserves they still are subject to cuts and constraints. The Nursing Board is totally self-funded. The money is held within the state funds, not their own account. They must include in the budget requests for lease space and new employees. And defend this budget to the LFC. If new items come up during the year money must be budgeted or they cannot pursue the new item.
The Executive Director is appointed by the Governor. The Board may recommend candidates but the Governor has the final say.
The Executive Director hires the staff. The staff are state employees and paid through the state payroll and pension system with those amounts debited to the Nursing Board account. Employees come from the state pool although potential employees outside the state system may be hired if they apply for the job through the state system and are approved as state employees. All jobs and employee vacancies must be approved through the Governor’s office.
In summary:
Being “Independent” as the Nursing Board is does not relieve them from dealing with the bureaucracy of the state government. In some ways it is worse because they have to defend all their actions and have outside audits of their budget, payments etc. Employees still are hired from the state pool although they have a little more say on who they hire and fire. They are able to hire their own attorney, which as I read it the Board of Dental Health Care can also do according to statute.
My conclusion is that it may not be worth becoming “independent” as much as it would be worthwhile to pursue better communication with the Governor’s office and through them RLD to allow us to be as independent as possible within RLD. I’m sure Dr. Schumacher will want to add his own conclusions from our meeting.
Respectfully submitted,
Robert J. Gherardi, DMD
(Attachment I)
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(Attachment J)
Botox and Dermal Filler Report to the New Mexico Board of Dental Health Care
From: Charles Schumacher, DDS, Member
October 26, 2012
I attended the Level I Standard Proficiency course for training for the injectable Botulinum toxin (Botox) and dermal fillers sponsored by the American Academy of Facial Esthetics July 27-28, 2012 in Denver, CO. The course was a 2 day lecture and hands-on program to learn proper diagnosis and techniques to deliver the drugs for cosmetic and therapeutic reasons. The course is 16 hours in length, with at least 8 hours involving live patient treatment.
The Board office and members have received inquiries if dentists, under the Dental Health Care Act, can deliver these drugs within the scope of practice as defined in NM 61-5A-4. The Act reads as follows:
61-5A-4. Scope of practice. (Repealed effective July 1, 2016.)
A. As used in the Dental Health Care Act, "practice of dentistry" means:
(1) the diagnosis, treatment, correction, change, relief, prevention, prescription of remedy, surgical operation and adjunctive treatment for any disease, pain, deformity, deficiency, injury, defect, lesion or physical condition involving both the functional and aesthetic aspects of the teeth, gingivae, jaws and adjacent hard and soft tissue of the oral and maxillofacial regions, including the prescription or administration of any drug, medicine, biologic, apparatus, brace, anesthetic or other therapeutic or diagnostic substance or technique by an individual or the individual's agent or employee gratuitously or for any fee, reward, emolument or any other form of compensation whether direct or indirect;
As read, it seems as if the Act does not prevent dentists from doing these procedures. The question to the Board is what training is required in order to provide proper care and to keep the public from harm. We should have rules for guidance, and we can either add language to the chapter on anesthesia administration or start a new chapter just for this topic. I don’t want to make a certification for this, that would be overkill.
Please read the attached “Curriculum Guidelines and Standards for Facial Esthetics Education in Dentistry” by the American Board of Facial Esthetics. This is the parent organization that developed the curriculum and standards for the American Academy of Facial Esthetics, who sponsors the courses. It is a detailed and informative document. Overall, I am very impressed by the AAFE and their objectives in training dentists for the procedures. As you well know, many health care providers, including RNs, PAs and Nurse Practitioners are providing this treatment.
PROPOSED LANGUAGE:
OBJECTIVE: To establish guidelines for administration of botulinum toxin and dermal fillers in an office located in New Mexico.
DEFINITIONS J. “Botulinum toxin” is a neurotoxin that temporarily reduces muscle contraction.
K. “Dermal fillers” are resorbable substances injected below the skin surface to temporarily reduce lines, wrinkles, or facial grooves, and for the purposes of this rule, are for the head and neck region of the body.
... Administration of Botulinum Neurotoxin (Botox) and Dermal Fillers
(A) The board does not issue permits for the administration of Botox or dermal
fillers. The board does not regulate dental materials of any type. However,
due to the rising utilization of the these materials by dentists, the board sets
forth the following requirements:
(B) Before administering botolinum neurotoxin or dermal fillers, a dentist must have either received satisfactory training in a dental institution accredited by the
Commission on Dental Accreditation of the American Dental Association or
successfully completed a continuing education course of instruction that
includes at a minimum the following:
(1) Patient assessment and consultation for botulinum neurotoxin and dermal fillers.
(2) Indications and contraindications for these techniques.
(3) Safety and risk issues for botulinum neurotoxin/dermal fillers
injectable therapy.
(4) Proper preparation and delivery techniques for desired outcomes.
(5) Enhancing and finishing esthetic dentistry cases with dermal fillers.
(6) Botulinum neurotoxin treatment of temporomandibular dysfunction and bruxism.
(7) Knowledge of adverse reactions and management and treatment of
possible complications.
(8) Patient evaluation for best esthetic and therapeutic outcomes.
(9) Integrating botulinum neurotoxin and dermal filler therapy into
dental therapeutic and esthetic treatment plans.
(10) 16 hours total, including 8 Hours minimum live patient hands-on training including diagnosis, treatment planning, and proper dosing and delivery of Botox and dermal fillers.
(C) Botulinum neurotoxin and dermal fillers shall only be administered in dental offices using universal precautions as required by the Federal Centers for Disease Control.
(D) All dental auxiliaries are prohibited from administering either botulinum neurotoxin or dermal fillers.
(E) Continuing education courses shall be approved by the Board.
(Attachment K)
[pic]
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New Mexico Regulation and Licensing Department
BOARDS AND COMMISSIONS DIVISION
New Mexico Board of Dental Health Care and
New Mexico Dental Hygienist Committee
Toney Anaya Building ª% 2550 Cerrillos Road ª% Santa Fe, New Mexico 87505
(505) 476-4680ª% Fax (505) 476-4545 ª% rld.state.nm.us/boards/dental_health_care.aspx
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