New Mexico 2021 Regular Session Status: Enacted

SB 200 — TELEDENTISTRY DEFINITION

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2021. Enacted.

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Advancing 50% · moderate confidence

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Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

271 added · 460 removed

Plain-language change summary

The proposed changes to SB 200 update the definition of "teledentistry" and specify that any dental professionals—such as dentists, dental hygienists, and dental therapists—who practice teledentistry must adhere to licensure laws and can face disciplinary action if they do not. This is important because it establishes clear standards and accountability for dental care provided remotely, ensuring that patients receive quality care and that practitioners follow the same ethical and professional guidelines as in-person treatments.

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SENATE BILL 200 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Gerald Ortiz y Pino This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO HEALTH CARE;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
AMENDING THE DEFINITION OF "TELEDENTISTRY";
h AN ACT g o RELATING TO HEALTH CARE;
CLARIFYING THAT A DENTIST, DENTAL HYGIENIST OR DENTAL THERAPIST PRACTICING TELEDENTISTRY IS SUBJECT TO DISCIPLINARY PROCEEDINGS PERTAINING TO LICENSURE.
AMENDING THE DEFINITION OF t hr g e i k "TELEDENTISTRY" SHPACº ;
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
CLARIFYING THAT A DENTIST, DENTAL h r i s HYGIENIST OR DENTAL THERAPIST PRACTICING TELEDENTISTRY IS h , t, SUBJECT TO DISCIPLINARY PROCEEDINGS PERTAINING TO e u g e b l e e h LICENSURE»SHPAC .
SECTION 1.
n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 61-5A-3 NMSA 1978 (being Laws 1994, Chapter 55, Section 3, as amended) is amended to read:
r i = r t e w d m a n o SECTION 1.
Section 61-5A-3 NMSA 1978 (being Laws 1994, d m :
b e d s º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e e a n e d r e l u [ A d Chapter 55, Section 3, as amended) is amended to read:
h F.
F.
"community dental health coordinator" means a g o t hr dental assistant, a dental hygienist or other trained personnel g e i k certified by the board as a community dental health coordinator h r i s to provide educational, preventive and limited palliative care h , t, and assessment services working collaboratively under the e u g e b l e e h general supervision of a licensed dentist in settings other n d d i = = o h than traditional dental offices and clinics;
"community dental health coordinator" means a SB 200 Page 1 dental assistant, a dental hygienist or other trained personnel certified by the board as a community dental health coordinator to provide educational, preventive and limited palliative care and assessment services working collaboratively under the general supervision of a licensed dentist in settings other than traditional dental offices and clinics;
l ] b ,d i a º e G.
G.
"consulting dentist" means a dentist who has r i = r t e w d m a n o entered into an approved agreement to provide consultation and d m :
"consulting dentist" means a dentist who has entered into an approved agreement to provide consultation and create protocols with a collaborating dental hygienist and, when required, to provide diagnosis and authorization for services, in accordance with the rules of the board and the committee;
b e d s º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 2 - e a n e d r e l u [ A d create protocols with a collaborating dental hygienist and, when required, to provide diagnosis and authorization for services, in accordance with the rules of the board and the committee;
"dental hygienist" means an individual who has graduated and received a degree from a dental hygiene educational program that is accredited by the commission on dental accreditation, that provides a minimum of two academic h years of dental hygiene curriculum and that is an institution u » r of higher education;
"dental hygienist" means an individual who has graduated and received a degree from a dental hygiene educational program that is accredited by the commission on dental accreditation, that provides a minimum of two academic SB 200 Page 2 years of dental hygiene curriculum and that is an institution of higher education;
and "dental hygienist" means, except as t h g e l i the context otherwise requires, an individual who holds a h r i s license to practice dental hygiene in New Mexico;
and "dental hygienist" means, except as the context otherwise requires, an individual who holds a license to practice dental hygiene in New Mexico;
h , e h K.
K.
"dental laboratory" means any place where dental t u g e b l e e , gh restorative, prosthetic, cosmetic and therapeutic devices or n d d i = = o h orthodontic appliances are fabricated, altered or repaired by l ] b ,d i a º r one or more persons under the orders and authorization of a e r = t e w d m a n o dentist;
"dental laboratory" means any place where dental restorative, prosthetic, cosmetic and therapeutic devices or orthodontic appliances are fabricated, altered or repaired by one or more persons under the orders and authorization of a dentist;
d m :
L.
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 3 - e a n e d r e l u [ A d L.
N.
SB 200 Page 3 N.
"dental therapy post-graduate clinical h experience" means advanced training in patient management and g o t hr technical competency:
"dental therapy post-graduate clinical experience" means advanced training in patient management and technical competency:
g e i k (1) that is approved by the board, based on h r i s educational and supervisory criteria developed by the board and h , t, established by board rule;
(1) that is approved by the board, based on educational and supervisory criteria developed by the board and established by board rule;
e u g e b l e e h (2) that is sanctioned by a regionally n d d i = = o h accredited educational institution with a program accredited by l ] b ,d i a º e the commission on dental accreditation;
(2) that is sanctioned by a regionally accredited educational institution with a program accredited by the commission on dental accreditation;
r i = r t e w d m a n o (3) that consists of two thousand hours of d m :
(3) that consists of two thousand hours of advanced training or, if the dental therapy educational program graduate has five years of experience as a dental hygienist, one thousand five hundred hours of advanced training;
b e d s º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 4 - e a n e d r e l u [ A d advanced training or, if the dental therapy educational program graduate has five years of experience as a dental hygienist, one thousand five hundred hours of advanced training;
"dentist" means an individual who has graduated and received a degree from a school of dentistry that is accredited by the commission on dental accreditation and, except as the context otherwise requires, who holds a license to practice dentistry in New Mexico;
"dentist" means an individual who has graduated and received a degree from a school of dentistry that is accredited by the commission on dental accreditation and, SB 200 Page 4 except as the context otherwise requires, who holds a license to practice dentistry in New Mexico;
h Q.
Q.
"direct supervision" means the process under u » r which an act is performed when a dentist licensed pursuant to t h g e l i the Dental Health Care Act:
"direct supervision" means the process under which an act is performed when a dentist licensed pursuant to the Dental Health Care Act:
h r i s (1) is physically present throughout the h , e h performance of the act;
(1) is physically present throughout the performance of the act;
t u g e b l e e , gh (2) orders, controls and accepts full n d d i = = o h professional responsibility for the act performed;
(2) orders, controls and accepts full professional responsibility for the act performed;
and l ] b ,d i a º r (3) evaluates and approves the procedure e r = t e w d m a n o performed before the patient departs the care setting;
and (3) evaluates and approves the procedure performed before the patient departs the care setting;
d m :
R.
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 5 - e a n e d r e l u [ A d R.
"federally qualified health center look-alike facility" means a health facility that the federal centers for medicare and medicaid services certifies as a federally qualified health center look-alike facility;
"federally qualified health center look-alike facility" means a health facility that the federal centers for medicare and medicaid services certifies as a federally SB 200 Page 5 qualified health center look-alike facility;
"general supervision" means the authorization by h a dentist of the procedures to be used by a dental therapist, u » r community dental health coordinator, dental hygienist, dental t h g e l i assistant or dental student and the execution of the procedures h r i s in accordance with a dentist's diagnosis and treatment plan at h , e h a time the dentist is not physically present and in facilities t u g e b l e e , gh as designated by rule of the board;
"general supervision" means the authorization by a dentist of the procedures to be used by a dental therapist, community dental health coordinator, dental hygienist, dental assistant or dental student and the execution of the procedures in accordance with a dentist's diagnosis and treatment plan at a time the dentist is not physically present and in facilities as designated by rule of the board;
n d d i = = o h V.
V.
"indirect supervision" means that a dentist, or l ] b ,d i a º r in certain settings, a dental therapist, dental hygienist or e r = t e w d m a n o dental assistant certified in expanded functions, is present in d m :
"indirect supervision" means that a dentist, or in certain settings, a dental therapist, dental hygienist or dental assistant certified in expanded functions, is present in the treatment facility while authorized treatments are being performed by a dental therapist, dental hygienist, dental assistant or dental student;
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 6 - e a n e d r e l u [ A d the treatment facility while authorized treatments are being performed by a dental therapist, dental hygienist, dental assistant or dental student;
(1) provides clinical dental services primarily to low-income patients or medicaid recipients;
SB 200 Page 6 (1) provides clinical dental services primarily to low-income patients or medicaid recipients;
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and (2) has demonstrated to the taxation and h revenue department that it has been granted exemption from the u » r federal income tax by the United States commissioner of t h g e l i internal revenue as an organization described in Section h r i s 501(c)(3) of the United States Internal Revenue Code of 1986, h , e h as amended or renumbered;
and (2) has demonstrated to the taxation and revenue department that it has been granted exemption from the federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended or renumbered;
t u g e b l e e , gh Z.
Z.
"palliative procedures" means nonsurgical, n d d i = = o h reversible procedures that are meant to alleviate pain and l ] b ,d i a º r stabilize acute or emergent problems;
"palliative procedures" means nonsurgical, reversible procedures that are meant to alleviate pain and stabilize acute or emergent problems;
and e r = t e w d m a n o AA.
and AA.
"teledentistry" means [a dentist's use of d m :
"teledentistry" means a dentist's, dental hygienist's or dental therapist's use of electronic information, imaging and communication technologies, including interactive audio, video and data communications as well as store-and-forward technologies, to provide and support dental health care delivery, diagnosis, consultation, treatment, transfer of dental data and education." SECTION 2.
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 7 - e a n e d r e l u [ A d health information technology in real time to provide limited diagnostic and treatment planning services in cooperation with another dentist, a dental therapist, a dental hygienist, a community dental health coordinator or a student enrolled in a program of study to become a dental assistant, dental hygienist, dental therapist or dentist] SHPACºthe»SHPAC SHPACºa dentist's, dental hygienist's or dental therapist's»SHPAC use of electronic information, imaging and communication technologies, including interactive audio, video and data communications as well as store-and-forward technologies, to provide and support SHPACºdental»SHPAC health care delivery, diagnosis, consultation, treatment, transfer of SHPACºmedical»SHPAC SHPACºdental»SHPAC data and education." SHPACºSECTION 2.
DISCIPLINARY PROCEEDINGS--APPLICATION OF h UNIFORM LICENSING ACT.-- u » r A.
DISCIPLINARY PROCEEDINGS--APPLICATION OF UNIFORM LICENSING ACT.-- A.
In accordance with the Uniform Licensing Act and t h g e l i rules of the board, the board and, as relates to dental h r i s hygienist licensure, committee may fine and may deny, revoke, h , e h t u g suspend, stipulate or otherwise limit any license or e b l e e , gh certificate, including those of licensed non-dentist owners, n d d i = = o h held or applied for under the Dental Health Care Act, upon l ] b ,d i a º r e r = findings by the board or the committee that the licensee, t e w d m a n o certificate holder or applicant:
In accordance with the Uniform Licensing Act and rules of the board, the board and, as relates to dental hygienist licensure, committee may fine and may deny, revoke, SB 200 Page 7 suspend, stipulate or otherwise limit any license or certificate, including those of licensed non-dentist owners, held or applied for under the Dental Health Care Act, upon findings by the board or the committee that the licensee, certificate holder or applicant:
d m :
(1) is guilty of fraud or deceit in procuring or attempting to procure a license or certificate;
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 8 - e a n e d r e l u [ A d (1) is guilty of fraud or deceit in procuring or attempting to procure a license or certificate;
h g (6) is guilty of any violation of the o t hr Controlled Substances Act;
(6) is guilty of any violation of the Controlled Substances Act;
g e i k (7) has violated any provisions of the Dental h r i s h Health Care Act or rule or regulation of the board or, as , t, e u g relates to the practice of dental hygiene, the committee;
(7) has violated any provisions of the Dental Health Care Act or rule or regulation of the board or, SB 200 Page 8 as relates to the practice of dental hygiene, the committee;
e b l e e h (8) is guilty of willfully or negligently n d d i = = o h l ] b ,d practicing beyond the scope of licensure;
(8) is guilty of willfully or negligently practicing beyond the scope of licensure;
i a º e r i = r (9) is guilty of practicing dentistry, dental t e w d m a n o d m :
(9) is guilty of practicing dentistry, dental therapy or dental hygiene without a license or aiding or abetting the practice of dentistry, dental therapy or dental hygiene by a person not licensed under the Dental Health Care Act;
b e d s º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 9 - e a n e d r e l u [ A d therapy or dental hygiene without a license or aiding or abetting the practice of dentistry, dental therapy or dental hygiene by a person not licensed under the Dental Health Care Act;
(13) has had a license, certificate or registration to practice as a dentist, dental therapist or h dental hygienist revoked, suspended, denied, stipulated or u » r t h otherwise limited in any jurisdiction, territory or possession g e l i of the United States or another country for actions of the h r i s licensee similar to acts described in this subsection.
(13) has had a license, certificate or registration to practice as a dentist, dental therapist or dental hygienist revoked, suspended, denied, stipulated or otherwise limited in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this subsection.
A h , e h t u g certified copy of the decision of the jurisdiction taking such e b l e e , gh disciplinary action will be conclusive evidence;
A certified copy of the decision of the SB 200 Page 9 jurisdiction taking such disciplinary action will be conclusive evidence;
or n d d i = = o h l ] b ,d (14) has failed to furnish the board, its i a º r e r = investigators or its representatives with information requested t e w d m a n o d m :
or (14) has failed to furnish the board, its investigators or its representatives with information requested by the board or the committee in the course of an official investigation.
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e - 10 - e a n e d r e l u [ A d by the board or the committee in the course of an official investigation.
h F.
F.
A dentist, dental hygienist or dental therapist u » r t h practicing teledentistry is subject to the provisions of this g e l i section."»SHPAC h r i s - 11 - h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
A dentist, dental hygienist or dental therapist practicing teledentistry is subject to the provisions of this section." SB 200 Page 10 25
b r e t º o t n = .218766.1AIC February 19, 2021 (10:20am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Health & Human Services Committee

  5. passed Senate

  6. DO PASS committee report adopted

  7. DO PASS, as amended, committee report adopted

  8. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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healthcare health-insurance
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Frequently asked questions

Who sponsors SB 200?
SB 200 is sponsored by ORTIZ y PINO.
What is the current status of SB 200?
This bill has been enacted into law. Introduced January 31, 2021. Enacted.
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