N.M. Stat. § 61-5B-8
Proceedings.
A. The board may formally proceed against a licensee under the Impaired Dentists
and Dental Hygienists Act in accordance with the procedures contained in the Uniform
Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
B. When the licensee being considered for action is a dental hygienist, the board
shall act upon recommendation of the dental hygienists committee on all aspects of
procedures in the Impaired Dentists and Dental Hygienists Act.
C. At the conclusion of the hearing, the board or the dental hygienists committee
shall make the following findings:
(1)
whether or not the licensee is impaired by one of the grounds for
restriction, suspension or revocation listed herein;
(2)
whether or not such impairment does in fact limit the ability of the licensee
to practice dentistry or dental hygiene skillfully and safely;
(3)
to what extent such impairment limits the ability of the licensee to practice
dentistry or dental hygiene skillfully and safely and whether the board or dental
hygienists committee finds that such impairment is such that the license should be
suspended, revoked or restricted in the licensee's practice of dentistry or dental
hygiene; and
(4)
if the finding recommends suspension or restriction of the ability of the
licensee to practice dentistry or dental hygiene, then the board shall make specific
recommendations as to the length and nature of the suspension or restriction and shall
recommend how such suspension or restriction shall be carried out and supervised.
D. At the conclusion of the hearing, the board or the dental hygienists committee
shall make a determination of the merits and may order one or more of the following:
(1)
placement of the licensee on probation on such terms and conditions as it
deems proper for the protection of the public;
(2)
suspension or restriction of the license of the licensee to practice dentistry
or dental hygiene for the duration of the licensee's impairment;
(3)
revocation of the license of the licensee to practice dentistry or dental
hygiene; or
(4)
reinstatement of the license of the licensee to practice dentistry or dental
hygiene without restriction.
E. The board may temporarily suspend the license of any licensee without a
hearing, simultaneously with the institution of proceedings under the Uniform Licensing
Act, if it finds that the evidence in support of the determination of the examining
committee is clear and convincing and that continuation in practice would constitute an
imminent danger to public health and safety.
F. Neither the record of the proceeding nor any order entered against a licensee
may be used against the licensee in any other legal proceeding except upon judicial
review.