2009 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses.
Article 5B - Impaired Dentists and Dental Hygienists
Section 61-5B-8 - Proceedings. (Repealed effective July 1, 2016.)

61-5B-8. Proceedings. (Repealed effective July 1, 2016.)

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 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.