New
Mexico Register / Volume XXXVII, Issue 8 / April 21, 2026
This is an amendment to 16.5.16 NMAC, Section 10, effective 4/21/2026.
16.5.16.10 GUIDELINES: The
board shall use 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 treating patients.
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
profession;
(2) failure
to refer a patient, after emergency treatment, to his/her regular dentist and
inform the latter of the conditions found and treated;
(3) failure
to release to a patient copy of that patient’s records and x-rays within 15
business days regardless whether patient has an outstanding balance;
(4) failure to seek consultation whenever the welfare of the patient would be safeguarded or advanced by referral to individuals with special skills, knowledge, and experience, including but not limited to:
(a) an
owner dentist or supervisor causing an employee dentist to make a referral for
dental treatment based on contractual obligations when, in the judgment of the
treating dentist, the welfare of the patient would be safeguarded or advanced
by referral to another practitioner, and failure to notify the patient of such
contractual obligations for referrals;
(b) an
owner dentist or supervisor causing an employee dentist to use a dental
laboratory due to contractual obligations when, in the judgment of the treating
dentist, the welfare of the patient would be safeguarded or advanced by the use
of another dental laboratory.
(5) failure
to advise the patient in simple understandable terms of the proposed treatment,
the anticipated fee, the expectations of success, and any reasonable
alternatives;
(6) failure
of a dentist to comply with advertising and specialty recognition rules as
defined in 16.5.1.29 NMAC.
(7) failure
to use appropriate infection control techniques and sterilization procedures;
(8) deliberate
and willful failure to reveal, at the request of the board, the incompetent,
dishonest, or corrupt practices of another dentist licensed or applying for
licensure by the board;
(9) accept
rebates, or split fees or commissions from any source associated with the
service rendered to a patient; provided, however, the sharing of profits in a
dental partnership, association, HMO or DMO, or similar association shall not
be construed as fee-splitting, nor shall compensating dental hygienists or
dental assistants on a basis of percentage of the fee received for the overall
service rendered be deemed accepting a commission;
(10) prescribe,
dispense or administer drugs outside the scope of dental practice;
(11) charge
a patient a fee which is not commensurate with the skill and nature of services
rendered, such as to be unconscionable;
(12) sexual
misconduct;
(13) [breach
of ethical standards, an inquiry into which the board will begin by reference
to the most current code of ethics of the American dental association;] breach
of ethical standards, an inquiry into which the board will begin by reference
to the most current principles of ethics and code of professional conduct of
the American dental association;
(14) the
use of a false, fraudulent or deceptive statement in any document connected
with the practice of dentistry;
(15) employing
abusive billing practices;
(16) fraud,
deceit or misrepresentation in any application;
(17) violation
of any order of the board, including any probation order;
(18) injudicious
prescribing, administration, or dispensing of any drug or medicine;
(19) failure
to report to the board any adverse action taken by any licensing board, compact
commission; 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 or professional association or society, in lieu of, and while under
disciplinary investigation by any authority;
(20) [negligent
supervision of a dental hygienist or dental assistant;] negligent
supervision of a dental hygienist, dental assistant, dental therapist,
community dental health coordinator, expanded function dental auxiliary, or
dental student;
(21) cheating
on an examination for licensure; or
(22) failure
to comply with the terms of a signed collaborative practice agreement;
(23) failure
of a dentist of record, or consulting dentist, to communicate with a
collaborative practice dental hygienist in an effective professional manner in
regard to a shared patient’s care as defined in Section 16.5.17 NMAC;
(24) assisting
a health professional, or being assisted by a health professional that is not
licensed to practice by a New Mexico board, agency or commission;
(25) failure
to make available to current patients of record a reasonable method of
contacting the treating dentist or on-call service for dental emergencies;
dental practices may refer patients to an alternate urgent care or emergency
facility if no other option is available at the time, or if the contacted
dentist deems it necessary for the patient’s well-being;
(26) conviction
of either a misdemeanor or a felony punishable by incarceration;
(27) [aiding
and abetting a dental assistant, expanded function dental auxiliary or
community dental health coordinator who is not properly certified;] aiding
and abetting a dental hygienist, dental assistant, dental therapist, expanded
function dental auxiliary or community dental health coordinator who is not
properly certified;
(28) patient
abandonment;
(29) habitually
addicted as defined in Section 61.5A-21 4 & 6 or Subsection C and D of
Section 61.5B-3 NMSA 1978 habitual or excessive use or abuse of drugs, as
defined in the Controlled Substances Act, Section (30-31-1 NMSA 1978) or
habitual or excessive use or abuse of alcohol;
(30) failure
of the licensee to furnish the board within 10 business days of request, its
investigators or representatives with information requested by the board;
(31) failure
to appear before the board when requested by the board in any disciplinary
proceeding;
(32) failure
to be in compliance with the Parental Responsibility
Act Section 40-5A-3 NMSA 1978 seq.;
(33) [fraudulent
record keeping;] fraudulent or incomplete record keeping;
(34) failure
to properly install amalgam separator as
defined in Section 16.5.58 NMAC;
(35) failure
to properly operate and maintain amalgam separator as defined in 16.5.58 NMAC;
and
(36) failure
to properly dispose of amalgam waste as defined in Section 16.5.58 NMAC.
[16.5.16.10 NMAC - Rp, 16.5.16.10, 12/14/2019; A, 4/21/2026]