HB 308 — DENTAL THERAPISTS

h , t, and e u g e b l (3) except as the context otherwise requires, e e h n d d i = = o h is licensed to practice dental therapy in the state;

l ] b ,d i a º e N.

"dental therapy post-graduate clinical r i = r t e w d experience" means advanced training in patient management and mtechnical acompetency: n o d m :

b e d s º o t n = .212933.5 s k m e - 5 - e a n e d r e l u [ A d technical competency:

and HHHC/HB 308/a Page 4 (4) for which the dental therapist may have been compensated;

"dental therapy practice agreement" means a contract between a supervising dentist and a dental therapist that outlines the parameters of care, level of supervision and h u protocols to be followed while performing dental therapy » r t h procedures on patients under the supervising dentist's and g e l i h r dental therapist's care;

i s h , [M.] P.

"dentist" means an individual who has e h t u g graduated and received a degree from a school of dentistry that e b l e e , gh n d d i is accredited by the commission on dental accreditation and, = = o h l ] b ,d except as the context otherwise requires, who holds a license i a º r e r = to practice dentistry in New Mexico;

tQ. e w d m a n o d m :

b r e t º o t n = .212933.5 s k m e - 6 - e a n e d r e l u [ A d [N.] Q.

[O.] R.

"expanded-function dental auxiliary" means a dental assistant, dental hygienist or other dental practitioner that has received education beyond that required HHHC/HB 308/a Page 5 for licensure or certification in that individual's scope of practice and that has been certified by the board as an expanded-function dental auxiliary who works under the direct supervision of a dentist;

"federally qualified health center" means a health facility that the United States department of health and human services has deemed to qualify for federal funds as a h federally qualified health center;

g o T.

"federally qualified health center look-alike t hr g e i k facility" means a health facility that the federal centers for h r i s medicare and medicaid services certifies as a federally h , t, qualified health center look-alike facility;

e u g e b l [P.] U.

"general supervision" means the e e h n d d i = = o h authorization by a dentist of the procedures to be used by a ldental ]therapist, bcommunity ,ddental ihealth acoordinator, ºdental ehygienist, dental therapist,assistant communityor dental healthstudent coordinatorand ,the dentalexecution rof ithe =procedures rin taccordance ewith wa ddentist's hygienist,diagnosis dentaland assistanttreatment orplan dentalat studenta andtime the executiondentist mis anot nphysically opresent dand min :facilities as designated by rule of the board;

bV. e d s º o t n = .212933.5 s k m e - 7 - e a n e d r e l u [ A d 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;

[Q."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, HHHC/HB 308/a Page 6 dental assistant or dental student;

] V.

"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;

[R.] X.

"non-dentist owner" means an individual not licensed as a dentist in New Mexico or a corporate entity not owned by a majority interest of a New Mexico licensed dentist that employs or contracts with a dentist or dental hygienist to h u provide dental or dental hygiene services;

» r t h Y.

"nonprofit community dental organization" means g e l i h r a community-supported entity that:

i s h , (1) provides clinical dental services e h t u g primarily to low-income patients or medicaid recipients;

and e b l e e , gh n d d i (2) has demonstrated to the taxation and = = o h l ] b ,d revenue department that it has been granted exemption from the i a º r e r = federal income tax by the United States commissioner of tinternal erevenue was dan morganization adescribed nin oSection d501(c)(3) mof :the United States Internal Revenue Code of 1986, as amended or renumbered;

bZ. r e t º o t n = .212933.5 s k m e - 8 - e a n e d r e l u [ A d internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended or renumbered;

[S.] Z.

and [T.] AA.

"teledentistry" means a dentist's use of health information technology in real time to provide limited diagnostic and treatment planning services in cooperation HHHC/HB 308/a Page 7 with another dentist, a dental therapisttherapist, , 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." SECTION SJCº3.2.

2.»SJC Section 61-5A-5 NMSA 1978 (being Laws 1994, Chapter 55, Section 5, as amended) is amended to read:

h (1) practice dentistry;

g o (2) use the title "dentist", "dental surgeon", t hr g e i k "oral surgeon" or any other title, abbreviation, letters, h r i s figures, signs or devices that indicate the person is a h , t, licensed dentist;

or e u g e b l (3) perform any of the acts enumerated under e e h n d d i = = o h the definition of the practice of dentistry as defined in the l ] b ,d i a º e Dental Health Care Act.

r i = r t e w d B.

The following, under the stipulations described, mmay apractice ndentistry oor dan marea :of dentistry without a New Mexico dental license:

b e d s º o t n = .212933.5 s k m e - 9 - e a n e d r e l u [ A d may practice dentistry or an area of dentistry without a New Mexico dental license:

(2) New Mexico licensed dental hygienists HHHC/HB 308/a Page 8 and community dental health coordinators may provide those services within their scope of practice that are also within the scope of the practice of dentistry;

(4) any dental hygiene or dental assisting h u student duly enrolled in an accredited school of dental hygiene » r t h or dental assisting engaged in procedures within or outside the g e l i h r scope of dental hygiene that are part of the curriculum of that i s h , program in the school setting and under the indirect e h t u g supervision of a faculty member of the accredited program who e b l e e , gh n d d i is a licensed dentist, dental hygienist or dental assistant = = o h l ] b ,d certified in the procedures being taught;

i(5) unlicensed persons performing for a ºlicensed rdentist emerely rmechanical =work (5)upon unlicensedinert personsmatter performingin the construction, making, alteration or repairing of any artificial dental substitute, dental restorative or corrective appliance, when the casts or impressions for the work have been furnished by a tlicensed edentist wand dwhere mthe work is prescribed by a ndentist opursuant dto ma :written HHHC/HB 308/a Page 9 authorization by that dentist;

b r e t º o t n = .212933.5 s k m e - 10 - e a n e d r e l u [ A d licensed dentist merely mechanical work upon inert matter in the construction, making, alteration or repairing of any artificial dental substitute, dental restorative or corrective appliance, when the casts or impressions for the work have been furnished by a licensed dentist and where the work is prescribed by a dentist pursuant to a written authorization by that dentist;

[and ] (7) dental assistants performing adjunctive services to the provision of dental care, under the indirect supervision of a dentist, as determined by rule of the board if such services are not within the practice of dental hygiene as h specifically listed in Subsection B of Section 61-5A-4 NMSA u » r 1978, unless allowed in Subsection [E ] F of this section;

t h g e (8) a dental therapy student or graduate of a l i h r i s dental therapy educational program enrolled in a board-approvedboard- happroved , e h program while engaged in an educational program offered by the t u g e b l dental therapy educational program or dental therapy post-post-graduate e e , gh n d d i = = o h graduate clinical experience in a private office, public clinic l ] b ,d i a º r or educational institution within the state of New Mexico under e r = t e w d the indirect supervision of a licensed dentist;

and m(9) a ndental otherapist dwho mis :licensed in HHHC/HB 308/a Page 10 New Mexico working under the supervision of a dentist and performing the procedures in accordance with the provisions of Section 9 of this 2019 act.

b r e t º o t n = .212933.5 s k m e - 11 - e a n e d r e l u [ A d (9) a dental therapist who is licensed in New Mexico working under the supervision of a dentist and performing the procedures in accordance with the provisions of Section SJCº10 9»SJC of this 2019 act.

[C.] D.

(2) use the title "dental hygienist" or h g o abbreviation "R.D.H." or any other title, abbreviation, t hr g e letters, figures, signs or devices that indicate the person is i k h r a licensed dental hygienist;

or i s h (3) perform any of the acts defined as the , t, e u g e b l practice of dental hygiene in the Dental Health Care Act.

eE. e h n d d i [D.

]The E.following, under the stipulations described, may practice dental hygiene or the area of dental hygiene outlined without a New Mexico dental hygiene license:

The(1) following,students underenrolled thein stipulationsan =accredited =dental ohygiene hprogram lengaged ]in bprocedures ,dthat described,are maypart practiceof dentalHHHC/HB hygiene308/a orPage 11 the areacurriculum of dentalthat iprogram aand ºunder ethe rindirect isupervision =of ra tlicensed efaculty wmember dof hygienethe outlinedaccredited withoutprogram; a New Mexico dental hygiene license:

m a n o d m :

b e d s º o t n = .212933.5 s k m e - 12 - e a n e d r e l u [ A d (1) students enrolled in an accredited dental hygiene program engaged in procedures that are part of the curriculum of that program and under the indirect supervision of a licensed faculty member of the accredited program;

and (3) dental assistants certified in expanded functions, working under the indirect supervision of a dental h hygienist certified for collaborative practice and under the g o protocols established in a collaborative practice agreement t hr g e i k with a consulting dentist.

h r i s [E.] F.

Dental assistants working under the h , t, indirect supervision of a dentist and in accordance with the e u g e b l rules and regulations established by the board may:

e e h n d d i = = o h (1) expose dental radiographs;

lHHHC/HB ]308/a bPage ,d12 i a º e (2) perform rubber cup coronal polishing that r i = r t e w d is not represented as a prophylaxis;

m(3) aapply nfluoride oand dpit mand :fissure sealants without mechanical alteration of the tooth;

b e d s º o t n = .212933.5 s k m e - 13 - e a n e d r e l u [ A d (3) apply fluoride and pit and fissure sealants without mechanical alteration of the tooth;

[F.G.

] G.

(3) dispense and apply medications on the h g specific order of a dentist;

o t hr g e (4) provide limited palliative procedures for i k h r dental emergencies in consultation with a supervising dentist i s h as allowed by the rules the board has promulgated;

and , t, e u g e b l (5) perform other related functions for whichHHHC/HB e308/a ePage h13 nwhich d d i the community dental health coordinator meets training and = = o h l ] b ,d educational standards established by the board and that are not i a º e r i = r t e w d expressly prohibited by statute or rules promulgated by the mboard. a n o d m :

bH. e d s º o t n = .212933.5 s k m e - 14 - e a n e d r e l u [ A d board.

[G.] H.

[H.] I.

h (3) spouses of deceased licensed dentists or g o dental hygienists for a period of one year following the death t hr g e i k of the licensee;

hHHHC/HB r308/a iPage s14 (4) accredited schools of dentistry, dental h , t, hygiene and dental assisting providing dental services solely e u g e b l in an educational setting;

e e h n d d i = = o h (5) dental hygienists licensed in New Mexico l ] b ,d i a º e or corporate entities with a majority interest owned by a r i = r t e w d dental hygienist licensed in New Mexico;

m(6) afederally nqualified ohealth dcenters, mas :designated by the United States department of health and human services, providing dental services;

b(7) enonprofit dcommunity s º o t n = .212933.5 s k m e - 15 - e a n e d r e l u [ A d (6) federally qualified health centers, as designated by the United States department of health and human services, providing dental services;organizations;

(7) nonprofit [community-based entities and ](8) communityhospitals dentallicensed organizationsby [thatthe usedepartment publicof fundshealth." toSECTION provide3. dental and dental hygiene services for indigent persons];

andSection (8)61-5A-10 hospitalsNMSA licensed1978 by(being theLaws department1994, ofChapter health."55, SECTIONSection SJCº10, 4.as amended) is amended to read:

3.»SJC Section 61-5A-10 NMSA 1978 (being Laws 1994, Chapter 55, Section 10, as amended) is amended to read:

enforce and administer the provisions of the h g o Dental Health Care Act and the Dental Amalgam Waste Reduction t hr g e Act;

i k h r B.

adopt, publish, file and revise, in accordance i s h with the Uniform Licensing Act and the State Rules Act, all , t, e u g e b l rules as may be necessary to:

e e h n d d i (1) regulate the examination and licensure ofHHHC/HB =308/a =Page o15 hof l ] b ,d dentists and dental therapists and, through the committee, i a º e r i = r t e w d regulate the examination and licensure of dental hygienists;

m(2) aprovide nfor othe dexamination mand :certification of dental assistants by the board;

b e d s º o t n = .212933.5 s k m e - 16 - e a n e d r e l u [ A d (2) provide for the examination and certification of dental assistants by the board;

grant, deny, review, suspend and revoke licenses and certificates to practice dentistry, dental therapytherapy, , dental assisting and, through the committee, dental hygiene and censure, reprimand, fine and place on probation and stipulation h dentists, dental therapiststherapists, , dental assistants and, through the g o committee, dental hygienists, in accordance with the Uniform t hr g e i k Licensing Act for any cause stated in the Dental Health Care h r i s Act and the Dental Amalgam HHHC/HB 308/a Page 16 Waste Reduction Act;

h , t, G.

grant, deny, review, suspend and revoke licenses e u g e b l to own dental practices and censure, reprimand, fine and place e e h n d d i = = o h on probation and stipulation non-dentist owners, in accordance l ] b ,d i a º e with the Uniform Licensing Act, for any cause stated in the r i = r t e w d Dental Health Care Act and the Dental Amalgam Waste Reduction mAct; a n o d m :

b e d s º o t n = .212933.5 s k m e - 17 - e a n e d r e l u [ A d Act;

establish ad hoc committees whose members shall be appointed by the chair with the advice and consent of the board or committee and shall include at least one member of the board or committee as it deems necessary for carrying on its h u business;

» r t h K.

have the authority to pay per diem and mileage g e l i h r to individuals who are appointed by the board or the committeeHHHC/HB i308/a sPage h17 ,committee to serve on ad hoc committees;

e h t u g L.

have the authority to hire or contract with e b l e e , gh n d d i investigators to investigate possible violations of the Dental = = o h l ] b ,d Health Care Act and the Dental Amalgam Waste Reduction Act;

i a º r e r = M.

have the authority to issue investigative tsubpoenas eprior wto dthe missuance of a nnotice oof dcontemplated maction :for the purpose of investigating complaints against dentists, dental therapists, dental assistants and, through the committee, dental hygienists licensed under the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;

b r e t º o t n = .212933.5 s k m e - 18 - e a n e d r e l u [ A d subpoenas prior to the issuance of a notice of contemplated action for the purpose of investigating complaints against dentists, dental therapists , dental assistants and, through the committee, dental hygienists licensed under the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;

establish continuing education or continued competency requirements for dentists, dental therapiststherapists, , certified dental assistants in expanded functions, dental technicians and, through the committee, dental hygienists." SECTION SJCº4. 5.

4.»SJC Section 61-5A-15 NMSA 1978 (being h Laws 1994, HHHC/HB 308/a Page 18 Chapter 55, Section 15) is amended to read:

g o "61-5A-15.

CONTENT OF [LICENSE ] LICENSES AND tCERTIFICATES-- hrDISPLAY g e i k CERTIFICATES--DISPLAY OF [LICENSE--RENEWALS--RETIRE LICENSE ] h r i s LICENSES AND CERTIFICATESCERTIFICATES.-- .-- h , t, A.

All dental licenses issued by the board shall e u g e b l bear:

e e h n d d i = = o h (1) a serial number;

l ] b ,d i a º e (2) the full name of the licensee;

r i = r t e w d (3) the date of issue;

m(4) athe nseal oof dthe mboard; :

b e d s º o t n = .212933.5 s k m e - 19 - e a n e d r e l u [ A d (4) the seal of the board;

and (6) the attestation of the board president and h g secretary.

o t hr g e [B.] C.

All dental hygienist licenses issued by the i k h r board shall bear:

i s h (1) a serial number;

, t, e u g e b l (2) the full name of the licensee;

e e h n d d i (3) the date of issue;

= = o h l ] b ,d (4) the seal of the board;

i a º e r i = r t e w d (5) the signatures of a majority of the m a n o d m :

b e d s º o t n = .212933.5 s k m e - 20 - e a n e d r e l u [ A d committee members;

[C.]HHHC/HB D.308/a Page 19 C.

All dental hygienist licenses issued by the board shall bear:

(1) a serial number;

(2) the full name of the licensee;

(3) the date of issue;

(4) the seal of the board;

(5) the signatures of a majority of the committee members;

and (6) the attestation of the board president and secretary.

D.

[D.] E.

The license or certificate shall, upon request, be exhibited to any of the members of the board, the committee or its authorized agent." SECTION SJCº5. 6.

5.»SJC Section 61-5A-17 NMSA 1978 (being Laws 1994, HHHC/HB 308/a Page 20 Chapter 55, Section 17, as amended) is amended to h read:

g o "61-5A-17.

RETIREMENT AND INACTIVE STATUS-- t hr g e i k REACTIVATION.-- h r i s A.

[Any dentist or dental hygienist ] A licensee who h , t, wishes to retire from [the ] practice [of dentistry or dental e u g e b l hygiene] shall meet all requirements for retirement as set by e e h n d d i = = o h rules of the board, and, if the licensee is a dental hygienisthygienist, , l ] b ,d i a º e the committee.

The licensee shall notify the board or the rcommittee iin =writing rbefore tthe eexpiration wof dthe committeelicensee's incurrent writinglicense, beforeand the expirationsecretary of the licensee'sboard mor athe ncommittee oshall dacknowledge mthe :receipt of notice and record it.

bIf, ewithin da speriod ºof othree tyears nfrom =the .212933.5date sof kretirement, mthe elicensee -wishes 21to -resume epractice, athe napplicant eshall dnotify rthe eboard lor uthe [committee Ain dwriting current license, and thegive secretaryproof of thecompleting boardall orrequirements theas committeeprescribed shallby acknowledgerules of the receiptboard ofand noticethe andcommittee recordto [thereactivate same]the it.license.

If, within a period of three years from the date of retirement, the [dentist or dental hygienist ] licensee wishes to resume practice, the applicant shall [so] notify the board or the committee in writing and give proof of completing all requirements as prescribed by rules of the board and the committee to reactivate the license.

At any time during the three-year period following retirement, a [dentist or dental hygienist ] licensee with a retired New Mexico license may request in writing to the board or the committee that [his ] the licensee's license be placed in inactive status.

h u C.

A licensee whose license has been placed in »HHHC/HB r308/a tPage h21 inactive status may not engage in any of the activities g e l i h r contained within the scope of practice of dentistry, dental i s h , therapy or dental hygiene in New Mexico described in [Section e h t u g 61-5A-4 NMSA 1978] the Dental Health Care Act.

e b l e e , gh n d d i D.

Licensees with inactive licenses must renew = = o h l ] b ,d their licenses triennially and comply with all the requirements i a º r e r = set by the board and, if the licensee is a dental hygienist, by tthe ecommittee. w d m a n o d m :

b r e t º o t n = .212933.5 s k m e - 22 - e a n e d r e l u [ A d the committee.

If a licensee with an inactive license wishes to resume [the ] active practicepractice, [of dentistry or dental hygiene], the licensee must notify the board or, if the licensee is a dental hygienist, the committee, in writing and provide proof of completion of all requirements to reactivate the license as prescribed by rule of the board or the committee.

Upon payment of all fees due, the board may reactivate the license and the licensee may resume [the ] practice [of dentistry or dental hygiene] subject to any stipulations of the board or the committee.

Assessment of fees pursuant to this section is not subject to the Uniform Licensing Act." SECTION SJCº6. 7.

6.»SJC Section 61-5A-19 NMSA 1978 (being Laws 1994, Chapter 55, Section 19) is amended to read:

REINSTATEMENT OF REVOKED OR SUSPENDED hHHHC/HB LICENSE.--308/a gPage o22 LICENSE.-- A.

Unless otherwise stated in the order of t hr g e i k revocation, a motion for reinstatement of a revoked license may h r i s not be filed for a period of at least three years from the h , t, effective date of the revocation.

e u g e b l B.

If the motion for reinstatement is denied, no e e h n d d i = = o h further motions for reinstatement shall be considered for a l ] b ,d i a º e period of one year.

r i = r t e w d C.

A licensee who has been suspended for a specific mperiod aof ntime oshall dbe mautomatically :reinstated at the expiration of the period specified in the order of suspension.

bThe esuspended dlicensee sshall ºautomatically obe treinstated nas = .212933.5 s k m e - 23 - e a n e d r e l u [ A d period of timethe shallday beafter automatically reinstated at the expiration of the period specified in the order of suspension.suspension;

Theprovided suspendedthat [dentistprior orto dentalthe hygienistexpiration willof ]such licenseetime shallif automaticallythe beadministrative reinstatedprosecutor ashas offiled with the dayboard afteror committee the expirationwritten ofobjections, the periodsuspended oflicensee suspension;shall not be automatically reinstated.

providedShould thatobjections priorbe tofiled, the expirationpetition offor suchreinstatement timeshall ifbe thereferred administrativeto prosecutor has filed with the board or committee thefor writtenhearing objections,pursuant theto suspendedprovisions [dentistof orSubsection dentalE hygienistof ]this licenseesection. shall not be automatically reinstated.

Should objections be filed, the petition for reinstatement shall be referred to the board or committee for hearing [under ] pursuant to provisions of Subsection E of this section.

[Suspended dentists or dental hygienists indefinite suspension] Procedure for reinstatement of licensees who have been suspended for an indefinite period of time is as follows:

h u (1) a licensee who has been suspended for an » r t h indefinite period of time may, at any time after complying withHHHC/HB g308/a ePage l23 iwith h r the conditions of reinstatement, file a petition for i s h , reinstatement with the board or committee;

e h t u g (2) the petition shall be referred to the e b l e e , gh n d d i board or committee for hearing [under ] pursuant to provisions = = o h l ] b ,d of Subsection E of this section;

and i a º r e r = (3) if the motion for reinstatement is denied, tno efurther wmotions dfor mreinstatement awill nbe oconsidered dfor ma :period of one year.

b r e t º o t n = .212933.5 s k m e - 24 - e a n e d r e l u [ A d no further motions for reinstatement will be considered for a period of one year.

Procedure for reinstatement hearings [are ] is as follows:

(3) the board or committee shall file its findings of fact, conclusions of law and decision within ninetyHHHC/HB h308/a Page 24 ninety days of the hearing;

and g o (4) the board's or committee's decision to t hr g e i k refuse to reinstate a license shall not be reviewable except h r i s for an abuse of discretion." h , t, SECTION SJCº7. 8.

7.»SJC Section 61-5A-20 NMSA 1978 (being e u g e b l Laws 1994, Chapter 55, Section 20, as amended) is amended to e e h n d d i = = o h read:

l ] b ,d i a º e "61-5A-20.

FEES.--The board and the committee shall r i = r t e w d establish a schedule of reasonable fees not to exceed the mfollowing: a n o d m :

b e d s º o t n = .212933.5 s k m e - 25 - e a n e d r e l u [ A d following:

temporary license 48 hours $ 50 $ 50 six months $ 300 $ 200 months $ 450 $ 300 F.

application for certification in local » anesthesia $ 40 g u G.

examination in local » r h t anesthesia $ 150 iHHHC/HB k308/a hPage r25 H.

triennial license renewal $ 600 $ 450 g t h s , t, I.

late renewal $ 100 $ 100 e u g e l i J.

reinstatement of license $ 450 $ 300 w l b lh n d d i K.

administrative fees $ 300 $ 300 = = o h l ] b , L.

impaired dentist or a l º e r i = r t e w d dental hygienist $ 150 $ 75 mM. a n l d m :

b e d s º o t n = .212933.5 s k m e - 26 - e a n e d r e l u [ A d M.

dental therapist license triennial renewal $ 300." SECTION SJCº9.8.

8.»SJC Section 61-5A-21 NMSA 1978 (being h Laws 1994, HHHC/HB 308/a Page 26 Chapter 55, Section 21, as amended) is amended to g o read:

t hr g e i k "61-5A-21.

DISCIPLINARY PROCEEDINGS--APPLICATION OF h r i s UNIFORM LICENSING ACT.-- h , t, A.

In accordance with the Uniform Licensing Act and e u g e b l rules of the board, the board and, as relates to dental e e h n d d i = = o h hygienist licensure, committee may fine and may deny, revoke, lsuspend, ]stipulate bor ,dotherwise ilimit aany ºlicense eor suspend,certificate, stipulateincluding orthose otherwiseof limitlicensed anynon-dentist licenseowners, held or rapplied ifor =under rthe tDental eHealth wCare dAct, certificate,upon includingfindings thoseby ofthe licensedboard non-dentistor owners,the mcommittee athat nthe olicensee, dcertificate mholder :or applicant:

b e d s º o t n = .212933.5 s k m e - 27 - e a n e d r e l u [ A d 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:

(3) is guilty of gross incompetence or gross negligence, as defined by rules of the board, in the practice of dentistry, dental therapytherapy, , dental hygiene or dental assisting;

(4) is habitually intemperate or is addicted to the use of habit-forming drugs or is addicted to any vice to h u such degree as to render the licensee unfit to practice;

»HHHC/HB r308/a tPage h27 (5) is guilty of unprofessional conduct as g e l i h r defined by rule;

i s h , (6) is guilty of any violation of the e h t u g Controlled Substances Act;

e b l e e , gh n d d i (7) has violated any provisions of the Dental = = o h l ] b ,d Health Care Act or rule or regulation of the board or, as i a º r e r = relates to the practice of dental hygiene, the committee;

t(8) eis wguilty dof mwillfully aor nnegligently opracticing dbeyond mthe :scope of licensure;

b r e t º o t n = .212933.5 s k m e - 28 - e a n e d r e l u [ A d (8) is guilty of willfully or negligently practicing beyond the scope of licensure;

(13) has had a license, certificate or HHHC/HB 308/a Page 28 registration to practice as a dentist, dental therapist or h dental hygienist revoked, suspended, denied, stipulated or g o otherwise limited in any jurisdiction, territory or possession t hr g e i k of the United States or another country for actions of the h r i s licensee similar to acts described in this subsection.

A h , t, certified copy of the decision of the jurisdiction taking such e u g e b l disciplinary action will be conclusive evidence;

or e e h n d d i = = o h (14) has failed to furnish the board, its l ] b ,d i a º e investigators or its representatives with information requested r i = r t e w d by the board or the committee in the course of an official minvestigation. a n o d m :

b e d s º o t n = .212933.5 s k m e - 29 - e a n e d r e l u [ A d investigation.

Licensees whose licenses are in a probationary status shall pay reasonable expenses for maintaining probationary status, including [but not limited to ] laboratory costs when laboratory testing of biological fluids or accounting costs HHHC/HB 308/a Page 29 when audits are included as a condition of probation." h u SECTION SJCº9. 10.

9.»SJC A new section of the Dental » r t h Health Care Act is enacted to read:

g"DENTAL e l i h r "[NEW MATERIAL ] DENTAL THERAPIST LICENSURE--LICENSURE--REQUIREMENTS.-- i s h , REQUIREMENTS.-- e h t u g A.

The board shall license as a dental therapist e b l e e , gh n d d i any individual who, in accordance with board rules:

= = o h l ] b ,d (1) provides evidence of licensure as a dental i a º r e r = hygienist;

t(2) eprovides wevidence dof mhaving graduated and received a ndegree ofrom da mdental :therapy education program accredited by the commission on dental accreditation;

b r e t º o t n = .212933.5 s k m e - 30 - e a n e d r e l u [ A d (2) provides evidence of having graduated and received a degree from a dental therapy education program accredited by the commission on dental accreditation;

No dentist shall supervise more than three dental therapists at any one time." SECTION SJCº10. 11.

10.»SJC A new section of the Dental Health Care Act HHHC/HB 308/a Page 30 is enacted to read:

"[NEW"DENTAL MATERIAL] DENTAL THERAPY--SCOPE OF PRACTICE--PRACTICE--SUPERVISION.-- h SUPERVISION.-- g o A.

A dental therapist shall provide care in t hr g e i k accordance with a dental therapy practice agreement;

provided h r i s that the dental therapy practice agreement is limited to:

h , t, (1) the following activities performed under e u g e b l general supervision:

e e h n d d i = = o h (a) oral evaluation and assessment of l ] b ,d i a º e dental disease;

r i = r t e w d (b) formulation of an individualized mtreatment aplan nas oauthorized dby ma :supervising dentist;

b e d s º o t n = .212933.5 s k m e - 31 - e a n e d r e l u [ A d treatment plan as authorized by a supervising dentist;

HHHC/HB 308/a Page 31 (l) removal and nonsurgical placement of space maintainers;

h g (m) repairs and adjustments to o t hr g e prostheses;

i k h r (n) tissue conditioning;

i s h (o) administration of analgesics, anti- , t, e u g e b l inflammatory substances and antibiotics that a supervising e e h n d d i dentist orders;

and = = o h l ] b ,d (p) other closely related procedures i a º e r i = r t e w d that the board authorizes through rules it has adopted and mpromulgated; a n o d m :

b e d s º o t n = .212933.5 s k m e - 32 - e a n e d r e l u [ A d promulgated;

A dental therapist may treat a patient prior to a dentist's examination or diagnosis, subject to a dental therapy practice agreement." HSEICº SECTION 12.11.

"[NEW"DENTAL MATERIAL] DENTAL THERAPY--PRACTICE ENVIRONMENTS.--AENVIRONMENTS.-- dentalHHHC/HB therapist308/a shallPage practice32 onlyA. in the following environments:

A.

a nonprofit community dental organization;

B.

a health facility operated by the federal Indian h health service;

g o t hr C.

a health facility that a tribe operates under g e i k Section 638 of the federal Indian Self-Determination and h r i s Education Assistance Act;

h , t, D.

a federally qualified health center;

e u g e b l e e h E.

a facility certified by the federal centers for n d d i = = o h medicare and medicaid services as a "federally qualified health l ] b ,d i a º e center look-alike" facility;

r i = r t e w d m a n o F.

a private residence or a facility in which an d m :

b e d s º o t n = .212933.5 s k m e - 33 - e a n e d r e l u [ A d individual receives long-term community-based services under the state's medicaid program;

G.

a long-term care facility;

H.

a private residence, when exclusively to treat an individual who, due to disease, disability or condition, is unable to receive care in a dental facility;

or I.

an educational institution engaged in the training of dental therapists accredited by the commission on dental accreditation."»HSEIC HSEICº SECTION SJCº12.

11.»SJC A new section of the Dental Health Care Act is enacted to read:

"[NEW MATERIAL] DENTAL THERAPY--PRACTICE ENVIRONMENTS.-- A.

h (2) a health facility operated by the federal g o Indian health service;

t hr g e (3) a health facility that a tribe operates i k h r i s under Section 638 of the federal Indian Self-Determination and h , t, Education Assistance Act;

e u g e b l (4) a federally qualified health center;

e e h n d d i = = o h (5) a facility certified by the federal l ] b ,d i a º e centers for medicare and medicaid services as a "federally r i = r t e w d qualified health center look-alike" facility;

m(6) a nprivate oresidence dor ma :facility in which an individual receives long-term community-based services under the state's medicaid program;

b e d s º o t n = .212933.5 s k m e - 34 - e a n e d r e l u [ A d (6) a private residence or a facility in which an individual receives long-term community-based services under the state's medicaid program;

The provisions of this section shall not be construed to prohibit, restrict or impose state licensure or HHHC/HB 308/a Page 33 regulatory requirements or obligations on the practice of dental therapy:

or (2) by a dental therapist who is employed by a tribal health program, a federal Indian health program or a federally operated Indian health service health care site."»HSEICsite." h g SECTION SJCº12. 13.

12.»SJC A new section of the Public o t hr Health Act is enacted to read:

g"DEPARTMENT e i k "[NEW MATERIAL] DEPARTMENT OF HEALTH--NEW MEXICO BOARD OF h r i s DENTAL HEALTH CARE--ANNUAL REPORT--BIENNIAL REPORT.--The h , t, e u g department of health shall collaborate with the New Mexico e b l e e h board of dental health care and provide to the legislative n d d i = = o h health and human services committee and the legislative finance l ] b ,d i a º e r i = r committee the following reports:

t e w d m a n o A.

by October 1, 2020 and by each October 1 dthereafter, ma :report relating to access to dental health care.

b e d s º o t n = .212933.5 s k m e - 35 - e a n e d r e l u [ A d thereafter, a report relating to access to dental health care.

HHHC/HB 308/a Page 34 (3) the status of the state's medicaid program, including:

and (b) changes to reimbursement levels that h u would encourage dental health care professionals to accept more » r t h medicaid recipients as patients;

g e l i h r (4) the number of dental health care i s h , professionals taking advantage of the rural health care e h t u g practitioner tax credit;

e b l e e , gh n d d i (5) other timely issues as determined by the = = o h l ] b ,d New Mexico board of dental health care to have an impact on i a º r e r = access to or the delivery of dental health care in New Mexico;

tand e(6) wthe didentification mof aactivities nin othe ddental mtherapist's :scope of practice that require dental therapy post-graduate clinical experience;

b r e t º o t n = .212933.5 s k m e - 36 - e a n e d r e l u [ A d and (6) the identification of activities in the dental therapist's scope of practice that require dental therapy post-graduate clinical experience;

(2) number of students enrolled in each HHHC/HB 308/a Page 35 dental therapy educational program, per educational institution;

(5) name and number of locations where students are completing dental therapy post-graduate h experience;

g o (6) number of graduates practicing under t hr g e i k general supervision;

h r i s (7) practice location for all licensed dental h , t, therapists in the state, by county;

and e u g e b l (8) number of dental therapists in each e e h n d d i = = o h county." l ] b ,d i a º e SECTION SJCº13. 14.

13.»SJC A new section of the Department r i = r t e w d of Health Act is enacted to read:

m"DEPARTMENT OF HEALTH--OFFICE OF ORAL HEALTH-- DIRECTOR.--The secretary shall appoint a ndirector oof dthe mdepartment's :office of oral health, who shall be a dental health care professional licensed pursuant to the Dental Health Care Act." SECTION 14.

b e d s º o t n = .212933.5 s k m e - 37 - e a n e d r e l u [ A dnew "[NEWsection MATERIAL] DEPARTMENT OF HEALTH--OFFICE OF ORAL HEALTH--DIRECTOR.--The secretary shall appoint a director of the department'sPublic officeSchool ofCode oralis health,enacted who shall be a dental health care professional licensed pursuant to theread: Dental Health Care Act." SECTION SJCº 15.

14.»SJCHHHC/HB A308/a newPage section36 of"DENTAL theEXAMINATION PublicREQUIREMENT--OPTING SchoolOUT--EDUCATION--OUTREACH.-- CodeA. is enacted to read:

"[NEW MATERIAL ] DENTAL EXAMINATION REQUIREMENT--OPTING OUT--EDUCATION--OUTREACH.-- A.

or (2) a form, signed by the student's parent or h u guardian, that states that the parent understands the risks » r t h associated when a student does not undergo a dental examination g e l i h r prior to school enrollment and that the parent or guardian i s h , nevertheless opts not to obtain a dental examination for the e h t u g student.

e b l e e , gh n d d i B.

Department rules shall specify that students = = o h l ] b ,d shall obtain dental examinations required pursuant to i a º r e r = Subsection A of this section at their own expense or at the texpense eof wany ddental mhealth acoverage nthey ohave. d m :

b r e t º o t n = .212933.5 s k m e - 38 - e a n e d r e l u [ A d expense of any dental health coverage they have.

and (2) provide extensive education statewide for parents and guardians explaining the requirements for dental examination and providing information regarding where HHHC/HB 308/a Page 37 they may receive referrals to dental health care professionals statewide who are authorized to perform dental examinations in accordance with those rules.

Beginning July 1, 2022, the department shall collect data regarding student compliance with the provisions of Subsection A of this section and make an annual written report of that data to the legislative finance committee and the legislative health and human services committee."committee. SECTION SJCº 16.

15.»SJCSECTION Section15. 27-2-12 NMSA 1978 (being Laws 1973, Chapter 376, Section 16, as amended) is amended to read:

hSection "27-2-12.27-2-12 NMSA 1978 (being Laws 1973, Chapter 376, Section 16, as amended) is amended to read:

MEDICAL"27-2-12. ASSISTANCE PROGRAMS.-- g o A.

ConsistentMEDICAL withASSISTANCE thePROGRAMS.-- federalA. act and subject to t hr g e i k the appropriation and availability of federal and state funds, h r i s the medical assistance division of the department may by rule h , t, provide medical assistance, including the services of licensed e u g e b l doctors of oriental medicine, licensed chiropractic physicians, e e h n d d i = = o h licensed dental therapists and licensed dental hygienists in l ] b ,d i a º e collaborating practice, to persons eligible for public r i = r t e w d assistance programs under the federal act.

mConsistent awith nthe ofederal dact mand :subject to the appropriation and availability of federal and state funds, the medical assistance division of the department may by rule provide medical assistance, including the services of licensed doctors of oriental medicine, licensed chiropractic physicians, licensed dental therapists and licensed dental hygienists in collaborating practice, to persons eligible for public assistance programs under the federal act.

b e d s º o t n = .212933.5 s k m e - 39 - e a n e d r e l u [ A d B.

Subject to appropriation and availability of federal, state or other funds received by the state from public or private grants or donations, the medical assistance division of the department may by rule provide medical assistance, including assistance in the payment of premiums for medical or long-term care insurance, to children up to HHHC/HB 308/a Page 38 the age of twelve if not part of a sibling group;

and (2) not provide a benefit package that exceeds the benefit package provided to state employees." h u SECTION SJCº16. 17.

16.»SJC Section 59A-47-28.4 NMSA 1978 » r t h (being Laws 2003, Chapter 343, Section 4) is amended to read:

g e l i h r "59A-47-28.4.

COVERAGE FOR COLLABORATIVE PRACTICE-- i s h , DENTAL THERAPISTSTHERAPISTS--DENTAL --DENTAL HYGIENISTS.--An individual or group e h t u g subscriber contract delivered or issued for delivery in New e b l e e , gh n d d i Mexico that, on a prepaid, service or indemnity basis, provides = = o h l ] b ,d for treatment of persons for the prevention, cure or correction i a º r e r = of any illness or physical or mental condition shall include tcoverage efor wthe dservices mof a ndental otherapist dand ma :dental hygienist in a collaborative practice pursuant to the Dental Health Care Act." SECTION 17.

bTEMPORARY rPROVISION--OUTCOME eREPORT.--The tdepartment ºof ohealth tshall nconduct =an .212933.5outcome sreport kon mthe efirst -five 40years - e a n e d r e l u [ A d coverage for the services of a dental therapisttherapy andpractice ain dentalthe hygieniststate inHHHC/HB a308/a collaborativePage practice39 pursuant to thethis Dental2019 Healthact. Care Act." SECTION SJCº 18.

17.»SJC TEMPORARY PROVISION--OUTCOME REPORT.--The department of health shall conduct an outcome report on the first five years of dental therapy practice in the state pursuant to this 2019 act.

demographic representation among dental h therapists;

g o E.

issues related to supervision of dental t hr g e i k therapists and their scope of practice;

h r i s F.

evaluation of services delivered under indirect h , t, supervision for recommendation to general supervision;

and e u g e b l G.

evaluation of services delivered under general e e h n d d i = = o h supervision for recommendation to indirect supervision.

l ] b ,d i a º e Sflº SECTION 18.

REPEAL.--Section 61-5A-2 NMSA 1978 (being r i = r t e w d Laws 1994, Chapter 55, Section 2, as amended) is repealed.»Sflrepealed. m a n o d m :

b e d s º o t n = .212933.5 s k m e - 41 - e a n e d r e l u [ A d SECTION 19.

The effective date of the provisions of SectionsHHHC/HB through308/a SJCº13Page and40 15Sections through1 18»SJC SflºSJCº12 and 14 through 17»SJC»Sfl Sflº13 and 15 12 and 14 through 18»Sfl18 of this act is June 14, 2019.

The effective date of the provisions of Section SJCº14HHHC/HB 13»SJC308/a 13 of this act is June 14, 2020.

»Page g41 o6 »8 r25 h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .212933.5 s k m e - 42 - e a n e d r e l u [ A d