SB 241 — ESTABLISH SITE OF TELEDENTISTRY

SENATE BILL 241 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Gerald Ortiz y Pino Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

AMENDING A SECTION OF THE DENTAL h HEALTH CARE ACT TO ESTABLISH THE SITE OF TELEDENTISTRYTELEDENTISTRY; Hflº;

g o PROVIDING REQUIREMENTS FOR LICENSURE AND JURISDICTION»Hfl.JURISDICTION.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 61-5A-3 NMSA 1978 (being Laws 1994, e u g e b l e e h Chapter 55, Section 3, as amended) is amended to read:

n d d i = = o h "61-5A-3.

DEFINITIONS.--As used in the Dental Health Care l ] b ,d i a º e Act:

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

"assessment" means the review and documentation dof mthe :oral condition and the recognition and documentation of deviations from the healthy condition, without a diagnosis to determine the cause or nature of disease or its treatment;

b e d s º o t n = .212371.1 s k m e e a n e d r e l u [ A d of the oral condition and the recognition and documentation of deviations from the healthy condition, without a diagnosis to determine the cause or nature of disease or its treatment;

"community dental health coordinator" means a SB 241 dental assistant, a dental hygienist or other trained Page 1 personnel certified by the board as a community dental health coordinator to provide educational, preventive and limited palliative care h and assessment services working collaboratively under the u » r general supervision of a licensed dentist in settings other t h g e l i than traditional dental offices and clinics;

h r i s G.

"consulting dentist" means a dentist who has h , e h entered into an approved agreement to provide consultation and t u g e b l e e , gh create protocols with a collaborating dental hygienist and, n d d i = = o h when required, to provide diagnosis and authorization for l ] b ,d i a º r services, in accordance with the rules of the board and the e r = t e w d m a n o committee;

dH. m :

b r e t º o t n = .212371.1 s k m e - 2 - e a n e d r e l u [ A d H.

"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 241 years of dental hygiene curriculum and that is an institution Page 2 of higher education;

h K.

"dental laboratory" means any place where dental u » r restorative, prosthetic, cosmetic and therapeutic devices or t h g e l i orthodontic appliances are fabricated, altered or repaired by h r i s one or more persons under the orders and authorization of a h , e h dentist;

t u g e b l e e , gh L.

"dental technician" means an individual, other n d d i = = o h than a licensed dentist, who fabricates, alters, repairs or l ] b ,d i a º r assists in the fabrication, alteration or repair of dental erestorative, rprosthetic, =cosmetic tand etherapeutic wdevices dor morthodontic aappliances nunder othe restorative,orders prosthetic, cosmetic and therapeuticauthorization devicesof ora ddentist; m :

b r e t º o t n = .212371.1 s k m e - 3 - e a n e d r e l u [ A d orthodontic appliances under the orders and authorization of a dentist;

SB 241 (2) orders, controls and accepts full Page 3 professional responsibility for the act performed;

h O.

"expanded-function dental auxiliary" means a u » r dental assistant, dental hygienist or other dental practitioner t h g e l i that has received education beyond that required for licensure h r i s or certification in that individual's scope of practice and h , e h that has been certified by the board as an expanded-function t u g e b l e e , gh dental auxiliary who works under the direct supervision of a n d d i = = o h dentist;

l ] b ,d i a º r P.

"general supervision" means the authorization by ea rdentist =of tthe eprocedures wto dbe mused by a ndental ohygienist, adental dentistassistant or dental student and the execution of the procedures toin beaccordance usedwith bya dentist's diagnosis and treatment plan at a dentaltime hygienist,the ddentist mis :not physically present and in facilities as designated by rule of the board;

b r e t º o t n = .212371.1 s k m e - 4 - e a n e d r e l u [ A d 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;

"non-dentist owner" means an individual not licensed as a dentist in New Mexico or a corporate entity not SB 241 owned by a majority interest of a New Mexico licensed dentist Page 4 that employs or contracts with a dentist or dental hygienist to provide dental or dental hygiene services;

"palliative procedures" means nonsurgical, reversible procedures that are meant to alleviate pain and h stabilize acute or emergent problems;

and u » r T.

"teledentistry" means Hflº the practice of t h g e l i dentistry by a provider who holds an active license pursuant to h r i s the Dental Health Care Act and who is subject to the h , e h jurisdiction of the board regardless of the provider's t u g e b l e e , gh originating teledentistry site, and»Hfland eithereither: Hflºof the n d d i = = o h following»Hfl:

l(1) ]a bdentist's ,duse iof ahealth ºinformation rtechnology (1)in areal dentist'stime useto ofprovide healthlimited informationdiagnostic eand rtreatment =planning tservices ein wcooperation dwith manother dentist, a ndental ohygienist, technologya community dental health coordinator or a student enrolled in reala timeprogram of study to providebecome limiteda diagnosticdental andassistant, ddental mhygienist :or dentist;

bor r(2) ethe tpractice ºof odentistry twhere nthe =patient .212371.1and sthe kdentist mare enot -in 5the -same ephysical alocation nand ethe ddentist ruses eelectronic linformation, uimaging [and Acommunication dtechnologies, treatmentincluding planninginteractive servicesaudio, invideo cooperationand withdata anothercommunications dentist,as awell dentalas hygienist,store-and-forward atechnologies, communityto provide and support dental health coordinatorcare ordelivery, adiagnosis, studentconsultation, enrolledtreatment, intransfer aof programdental data and education, where the originating site of studySB to241 becometeledentistry ais dentalthe assistant,location dentalat hygienistwhich orthe dentist;dentist provides Page 5 the services." SB 241 Page 6 3 5 7 9 25

or (2) the practice of dentistry where the patient and the dentist are not in the same physical location and the dentist uses 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, where the originating site of teledentistry is the location at which the dentist provides the services." - 6 - h u » r t h g e l i h r i s 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 :

b r e t º o t n = .212371.1 s k m e e a n e d r e l u [ A d