New
Mexico Register / Volume XXXVII, Issue 1 / January 13, 2026
NOTICE
OF PUBLIC RULE HEARING AND BOARD MEETING
The
New Mexico Board of Dental Health Care will hold a rule hearing on February 20,
2026, at 9:00 a.m., immediately followed by a regular board meeting for the
adoption of the proposed rules listed below.
The hearing and subsequent committee and board meeting will take place
at the Regulation and Licensing Department, located at 2550 Cerrillo Road,
Santa Fe, NM, in the Rio Grande Conference Room.
The
hearing and subsequent Board of Dental Health Care meeting will also be
accessed virtually via Microsoft Teams for those desiring to attend virtually.
Meeting
Link: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting
ID: 268 620 588 349 29
Passcode:
He2Ka6X9
Dial
in by phone
+1
505-312-4308, United States, Albuquerque
Phone
conference ID: 832 032 41#
The
purpose of the rule hearing is to consider the initiation of rulemaking for the
following rules:
Rule
16.5.1 General Provisions
Rule
16.5.3 Mandatory Reporting Requirements
Rule
16.5.5 Dentists, Fees
Rule
16.5.6 Dentists, Licensure by Exam
Rule
16.5.7 Dentists, Temporary or Public Service Licensure
Rule
16.5.8 Dentists, Licensure by Credentials
Rule
16.5.9 Non-Dentist Owners
Rule
16.5.10 Dentists, Continuing Education Requirements
Rule
16.5.11 Dentists, License Expiration and Renewal
Rule
16.5.15 Dentists, Anesthesia Sedation Administration
Rule
16.5.16 Dentists, Disciplinary Proceedings, License Revocation or Suspension
for Disciplinary Actions
Rule
16.5.17 Dentists and Dental Hygienists, Collaborative Practice
Rule
16.5.18 Dental Hygienists, Fees
Rule
16.5.19 Dental Hygienists, Licensure by Examination
Rule
16.5.20 Dental Hygienists, Licensure by Credentials
Rule
16.5.23 Dental Hygienists, Continuing Education Requirements
Rule
16.5.24 Dental Hygienists, License Expiration and Renewal
Rule
16.5.28 Dental Hygienists, Local Anesthesia Certification
Rule
16.5.32 Dental Assistants, Fees
Rule
16.5.33 Dental Assistants, Requirements for Certification
Rule
16.5.36 Dental Assistants, Continuing Education Requirements
Rule
16.5.41 Expanded Function Dental Auxiliary, Fees
Rule
16.5.44 Expanded Function Dental Auxiliary, Continuing Education Requirements
Rule
16.5.49 Community Dental Health Coordinator, Fees
Rule
16.5.52 Community Dental Health Coordinator, Continuing Education Requirements
Rule
16.5.59 Expedited Licensure and Expedited Licensure for Military Service
Members, Spouses, Dependent Children and Veterans
Rule
16.5.60 Dental Therapists, Fees
Rule
16.5.62 Dental Therapists, Continuing Education Requirements
On
Tuesday, January 13, 2026, copies of the proposed rules may be obtained through
the New Mexico Board of Dental Health Care website
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/dental-health-care/board-information/dhc-board-meetings/
or by contacting Kathy Ortiz, Board Administrator, at dental.board@rld.nm.gov
The
New Mexico Board of Dental Health Care and the Regulation and Licensing
Department will begin accepting written public comment regarding the proposed
rule changes beginning Tuesday, January 13, 2026, and ending Friday, February
20, 2026, at 9:00 a.m. Written public
comment may be submitted either by email to Dental.board@rld.nm.gov or by
postal mail to the following address:
New
Mexico Board of Dental Health Care
P.O. Box 25101
Santa Fe, NM 87504
Written
comments received during the public comment period (beginning January 13, 2026,
and ending February 20, 2026) will be posted to the website page linked
above. Public comments will also be
accepted during the rule hearing and may be submitted in writing or presented
orally by those attending in-person. The
members of the New Mexico Board of Dental Health Care will not enter
substantive discussion of public comments during the rule hearing but will
consider and deliberate any public comment during the regular board meeting
immediately following the conclusion of the public rule hearing.
The
agenda for the New Mexico Board of Dental Health Care regular meeting, which
will begin immediately after the public rule hearing, will be available no less
than 72 hours prior to the meeting, and available on the website linked above
or by contacting the Board Administrator, Kathy Ortiz.
If
you are an individual with a disability who needs a reader, amplifier,
qualified signed language interpreter, or any other form of auxiliary aid or
service to attend or participate in the hearing or the regular board meeting,
please contact the Board Administrator, Kathy Ortiz at (505) 476-4622 at least
7 days prior to the rule hearing and regular board meeting. Public documents,
including the proposed rules, meeting agenda and minutes, can be provided in
various accessible formats.
For
inclement weather: If the New Mexico
state offices are placed on a two-hour delay to inclement weather, the rule
hearing will be pushed back two hours from the noticed hearing time. If New Mexico state offices are closed due to
inclement weather, the rule hearing will be rescheduled as soon as possible.
Statutory
Authority: The rule
changes are authorized by the Board of Dental Health Care Act §§61-5A-1 through
-30, NMSA, which provides explicit authority for the New Mexico Board of Dental
Health Care to protect public health and safety and adopt rules for the
administration of the Act. The
rulemaking and public rule hearing is governed by the State Rules Act, Sections
14-4-1 through 14-4-11 NMSA 1978, and the Default Procedural Rule for
Rulemaking promulgated by the New Mexico Department of Justice, Parts 1.24.25
through 1.24.25.16 NMAC.
Purpose
of Proposed Rules: The proposed changes will generally align the rules
with current procedures, update some requirements for initial licensure and
renewals, define terms with more specificity, clarify the qualifications for
each license type, update administrative fees, and ensure all license types are
included in the adverse actions rule. The proposed rules are intended to
provide greater clarity in existing regulatory and statutory requirements,
ensure continued high levels of professionalism among licensees and certificate
holders, and to generally satisfy the Boards statutory obligation to promote,
preserve and protect public health, safety and welfare.
Summary
of Proposed Changes:
16.5.1
NMAC - General Provisions. Adds definition for ADEX as an approved regional
approved exam for written and clinical examinations; Adds National commission
on recognition of dental specialties and certifying boards (NCRDSCB) as the
specified recognition of dental specialties; adds email address that must be
updated as part of the licensees address on file; adds virtual platforms for
board meeting participation; clarify guidelines for continuing education and
retention schedule for continuing education; provides clarification and
guidelines for patient record keeping.
16.5.3
NMAC - Mandatory Reporting Requirements. Adds compact commissions on mandatory
reporting requirements.
16.5.5
NMAC Dentists, Fees. Adds electronic processing fees and return payment fee;
removes copies of statute or rules fee, copy fees and mailing labels of current
dental licensees fee.
16.5.6
NMAC Dentists, Licensure by Examination. Removes requirement to contact board
office to take the jurisprudence exam, it is now part of the application; adds
national recognized specialty entity NCRDSCB, adds proof of course in ethics or
jurisprudence in past 12 months; adds requirement to include sterilization
procedures in the infection control technique; changes accepted American Safety
and Health Institute to include Health & Safety Institute (HSI) as an
approved entity; reorganizes documentation required for easier understanding.
16.5.7
NMAC Dentist, Temporary or Public Service Licensure. Adds national recognized
specialty entity NCRDSCB; adds proof of course in ethics or jurisprudence in
past 12 months; adds requirement to include sterilization procedures in the
infection control technique; changes accepted American Safety and Health
Institute to include Health & Safety Institute (HSI) as an approved entity;
reorganizes required documentation for easier understanding.
16.5.8
NMAC Dentist, Licensure by Credentials. Adds national recognized specialty
entity NCRDSCB; adds proof of course in ethics or jurisprudence in past 12
months; adds requirement to include sterilization procedures in the infection
control technique; changes accepted American Safety and Health Institute to
include Health & Safety Institute (HSI) as an approved entity; reorganizes
required documentation for easier understanding.
16.5.9
NMAC Non-dentist owners. Clarifies definition and responsibilities for
non-dentist owner(s); Clarifies documentation required for licensure as a
non-dentist owner for all entities; adds electronic processing fees,
jurisprudence exam re-take fee and return payment fee; clarifies the
prerequisites for non-dentist owner.
16.5.10
NMAC Dentists, Continuing Education Requirements. Clarifies requirements for
continuing education requirements; adds ethics and jurisprudence as required
courses for continuing education; changes retention for continuing education to
4 years.
16.5.11
NMAC Dentists, License Expiration and Renewal. Adds requirement for licensees
to comply with part 5, sections 8 and 10 for continuing education requirements;
changes renewal completed application from being post-marked to submitted on or
before July 1, of the renewal year.
16.5.15
NMAC - Dentists, Anesthesia Sedation Administration. Clarifies permit
requirements to administer anesthesia; changes educational qualifications to
administer moderate sedations to include post-doctoral program at a CODA
accredited school or residency and clarifies training which did not take place
in a CODA accredited dental school, accredited teaching hospital or other
CODA-accredited based training that is eligible for a restricted midazolam-only
moderate parenteral sedation permit with approval from the anesthesia committee
and board.
16.5.16
NMAC Dentists, Disciplinary Proceedings, License Revocation or Suspense for
Disciplinary Actions. Changes reference from Americal dental association code
of ethics to principles of ethics and code of professional conduct; adds
adverse actions to include the compact commission; adds negligent supervision
and aiding and abetting of a dental therapist, community dental health
coordinator, expanded functions dental auxiliary or dental student that were
not included in previous rule; revises fraudulent record keeping to include
incomplete record keeping.
16.5.17
NMAC - Dentists and Dental Hygienists, Collaborative Practice. Corrects
spelling on title and minor spelling throughout the part; revises 15 hours of
continuing education which includes infection control and medical emergencies
to add pediatric and adult medical emergencies; removes bleaching from the list
of collaborative practice dental hygienist shall not list; revises and
clarified standard collaborative practice protocols.
16.5.18
NMAC Dentists, Fees. Adds electronic processing fees and return payment fee;
removes copies cost and mailing labels of current dental hygiene licensees.
16.5.19
NMAC - Dental Hygienists, Licensure by Examination. Adds national recognized
specialty entity NCRDSCB, adds proof of course in ethics or jurisprudence in
past 12 months; adds requirement to include sterilization procedures in the
infection control technique; changes accepted American Safety and Health
Institute to include Health & Safety Institute (HSI) as an approved entity;
reorganizes required documentation for easier understanding.
16.5.20
NMAC - Dental Hygienists, Licensure by Credentials. Adds requirement requiring clinical
examination approved by the committee and ratified by the board; adds proof of
course in ethics or jurisprudence in past 12 months; adds requirement to
include sterilization procedures in the infection control technique; changes
accepted American Safety and Health Institute to include Health & Safety
Institute (HSI) as an approved entity; reorganizes required documentation for
easier understanding.
16.5.23
NMAC Dental Hygienists, Continuing Education Requirements. Clarifies
requirements for continuing education; adds ethics and jurisprudence as required
courses for continuing education; changes retention for continuing education to
4 years.
16.5.24
NMAC Dental Hygienists, License Expiration and Renewals. Adds requirement for
licensees to comply with part 23, in addition to part 5, for continuing
education requirements; removes post-marked requirement since all renewal
applications are submitted online.
16.5.28
NMAC - Dental Hygienists, Local Anesthesia Certification. Spelling corrections were made throughout the
part; clarifies supervision requirements for continuing education.
16.5.32
NMAC Dental Assistants, Fees. adds electronic processing fees and return
payment fee; removes copies cost, DXTR rental fees and mailing labels of
current certificate holders.
16.5.33
NMAC Dental Assistants Requirements for Certification. Removes requirements
to submit FMX as part of certification requirement, revises the pathway for
certification to remove barriers and certification delays; clarifies
certification by credentials; reorganizes required documentation for easier
understanding; deletes re-examination procedure.
16.5.36
NMAC Dental Assistants, Continuing Education Requirements. Clarifies requirements for continuing
education; adds proof of course in ethics or New Mexico jurisprudence; adds
requirement to include sterilization procedures in the infection control
technique; changes accepted American Safety and Health Institute to include
Health & Safety Institute (HSI) as an approved entity; changes retention
for continuing education to 4 years.
16.5.41
NMAC Expanded Function Dental Auxiliary, Fees. Adds electronic processing
fees and return payment fee; removes copies cost and labels of current
certificate holders.
16.5.44
NMAC Expanded Function Dental Auxiliary, Continuing Education Requirements.
Clarifies requirements for continuing education; adds proof of course in ethics
or New Mexico jurisprudence; adds requirement to include sterilization
procedures in the infection control technique; changes accepted American Safety
and Health Institute to include Health & Safety Institute (HSI) as an
approved entity; changes retention for continuing education to 4 years.
16.5.49
NMAC Community Dental Health Coordinator, Fees. Adds electronic processing fees and return
payment fee; removes copies cost and labels of current certificate holders.
16.5.52
NMAC Community Dental Health Coordinator, Continuing Education Requirements.
Clarifies requirements for continuing education; adds proof of course in ethics
or New Mexico jurisprudence; changes accepted American Safety and Health
Institute to include Health & Safety Institute (HSI) as an approved entity;
changes retention for continuing education to 4 years.
16.5.59
NMAC - Expedited Licensure and Expedited Licensure For Military Service
Members, Spouses, Dependent Children and Veterans. Adds additional states to the list of
disapproved licensing jurisdictions eligible for dentists expediate licensure:
Arizona, Colorado, Kentucky, Minnesota, New York, Oregon, Virginia and
Wisconsin; Adds additional states to the list of disapproved licensing
jurisdictions eligible for dental hygienists expediate licensure: Arizona, California,
Colorado, Kentucky, and Massachusetts; Adds requirement to take the New
Mexico jurisprudence exam included on the application.
16.5.60
NMAC Dental Therapists, Fees. Adds electronic processing fees and return
payment fee; removes copies cost and mailing labels of current certificate
holders.
16.5.62
NMAC Dental Therapists, Continuing Education requirements. Clarifies requirements for continuing
education; changes retention for continuing education to 4 years.