N.M. Stat. § 61-5A-10
Powers and duties of the board and committee.
In addition to any other authority provided by law, the board and the committee,
when designated, shall:
A. enforce and administer the provisions of the Dental Health Care Act and the
Dental Amalgam Waste Reduction Act [61-5C-1 to 61-5C-6 NMSA 1978];
B. promulgate in accordance with the State Rules Act [Chapter 14, Article 4 NMSA
1978], all rules as necessary to:
(1)
regulate the examination and licensure of dentists and dental therapists
and, through the committee, regulate the examination and licensure of dental
hygienists;
(2)
provide for the examination and certification of dental assistants by the
board;
(3)
provide for the regulation of dental technicians by the board;
(4)
regulate the practice of dentistry, dental therapy and dental assisting and,
through the committee, regulate the practice of dental hygiene; and
(5)
provide for the regulation and licensure of non-dentist owners by the
board;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses and others appearing before the
board or the committee, as appropriate;
E. keep an accurate record of all meetings, receipts and disbursements;
F. grant, deny, review, suspend and revoke licenses and certificates to practice
dentistry, dental therapy, dental assisting and, through the committee, dental hygiene
and censure, reprimand, fine and place on probation and stipulation dentists, dental
therapists, dental assistants and, through the committee, dental hygienists, in
accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any
cause stated in the Dental Health Care Act and the Dental Amalgam Waste Reduction
Act;
G. grant, deny, review, suspend and revoke licenses to own dental practices and
censure, reprimand, fine and place on probation and stipulation non-dentist owners, in
accordance with the Uniform Licensing Act, for any cause stated in the Dental Health
Care Act and the Dental Amalgam Waste Reduction Act;
H. maintain records of the name, address, license number and such other
demographic data as may serve the needs of the board of licensees, together with a
record of license renewals, suspensions, revocations, probations, stipulations,
censures, reprimands and fines. The board shall make available composite reports of
demographic data but shall limit public access to information regarding individuals to
their names, addresses, license numbers and license actions or as required by statute;
I. hire and contract for services from persons as necessary to carry out the board's
duties;
J. 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 business;
K. have the authority to pay per diem and mileage to persons who are appointed by
the board or the committee to serve on ad hoc committees;
L. have the authority to hire or contract with investigators to investigate possible
violations of the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;
M. have the authority to issue investigative 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;
N. have the authority to sue or be sued and to retain the services of an attorney at
law for counsel and representation regarding the carrying out of the board's duties;
O. have the authority to create and maintain a formulary, in consultation with the
board of pharmacy, of medications that a dental therapist or dental hygienist may
prescribe, administer or dispense in accordance with rules the board has promulgated;
and
P. establish continuing education or continued competency requirements for
dentists, dental therapists, certified dental assistants in expanded functions, dental
technicians and, through the committee, dental hygienists.