82
16.5.16.9 ACTIONS:
A. The board may fine, deny, revoke, suspend, stipulate, or otherwise limit a license if the board
determines the licensee is guilty of violating any of the provisions of the Act, the Uniform Licensing Act, the
Impaired Dentists and Hygienists Act, or these Rules.
B. The board may reprimand, censure, or require licensees to fulfill additional continuing education
hours within limited time constraints for violations of the Act or Rules.
[9-13-69, 4-29-82, 5-31-95; 16.5.16.9 NMAC - Rn, 16 NMAC 5.16.9, 12-14-00]
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 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;
(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 the following advertising guidelines, no person shall:
(a) practice dentistry under the name of a corporation, company, association, limited liability
company, or trade name without full and outward disclosure of his/her full name, which shall be the name used in
his/her license or renewal certificate as issued by the board, or his/her commonly used name;
(b) practice dentistry without displaying his/her full name as it appears on the license issued by
the board on the entrance of each dental office;
(c) fail to include in all advertising media for the practice (excluding building signage and
promotional items) the dentist’s name, address and telephone number or direct reference where the names of the
dentist(s) can be found;
(d) advertise a practice in a false, fraudulent or misleading manner; if the name of the practice
or office contains one of the American dental association recognized specialties and only a general dentists performs
that service, the advertisement, signage, or broadcast media must say “services provided by a general dentist”, so as
not to imply that a specialist is performing such procedures; and
(e) advertise as a specialist unless the dentist is licensed by the board to practice the specialty
or unless the dentist has earned a post-graduate degree or certificate from an accredited dental college, school of
dentistry of a university or other residency program that is accredited by commission on dental accreditation
(CODA) in one of the specialty areas of dentistry recognized by the American dental association.
(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 code
of ethics of the American dental association;
(14) the use of a false, fraudulent or deceptive statement in any document connected with the practice
of dentistry;