2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 5A - Dental Health Care
Section 61-5A-19 - Reinstatement of revoked or suspended license. (Repealed effective July 1, 2024.)
A. Unless otherwise stated in the order of revocation, a motion for reinstatement of a revoked license may not be filed for a period of at least three years from the effective date of the revocation.
B. If the motion for reinstatement is denied, no further motions for reinstatement shall be considered for a period of one year.
C. A licensee who has been suspended for a specific period of time shall be automatically reinstated at the expiration of the period specified in the order of suspension. The suspended licensee shall automatically be reinstated as of the day after the expiration of the period of suspension; provided that prior to the expiration of such time if the administrative prosecutor has filed with the board or committee the written objections, the suspended licensee shall not be automatically reinstated. Should objections be filed, the petition for reinstatement shall be referred to the board or committee for hearing pursuant to provisions of Subsection E of this section.
D. Procedure for reinstatement of licensees who have been suspended for an indefinite period of time is as follows:
(1) a licensee who has been suspended for an indefinite period of time may, at any time after complying with the conditions of reinstatement, file a petition for reinstatement with the board or committee;
(2) the petition shall be referred to the board or committee for hearing pursuant to provisions of Subsection E of this section; and
(3) if the motion for reinstatement is denied, no further motions for reinstatement will be considered for a period of one year.
E. Procedure for reinstatement hearings is as follows:
(1) applications for reinstatement shall be referred to the board or, if the application is for reinstatement of a license to practice dental hygiene, to the committee for hearing if the applicant meets the criteria set forth in this section;
(2) the board or committee shall schedule a hearing as soon as practical at which the applicant shall have the burden of demonstrating that the applicant has the moral qualifications, that the applicant is once again fit to resume the practice of dentistry, dental therapy or dental hygiene and that the resumption of the applicant's practice of dentistry, dental therapy or dental hygiene will not be detrimental to the public interest;
(3) the board or committee shall file its findings of fact, conclusions of law and decision within ninety days of the hearing; and
(4) the board's or committee's decision to refuse to reinstate a license shall not be reviewable except for an abuse of discretion.
History: Laws 1994, ch. 55, § 19; 2019, ch. 107, § 6.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-5A-30 NMSA 1978.
The 2019 amendment, effective June 14, 2019, included dental therapy licensees within the provisions regarding reinstatement of licensees whose licenses have been suspended or revoked, and specified that the New Mexico dental hygienists committee governs the practice of dental hygiene; in Subsection C, after "The suspended", deleted "dentist or dental hygienist will" and added "licensee shall", and after "the suspended", deleted "dentist or dental hygienist" and added "licensee"; in Subsection D, in the introductory clause, deleted "Suspended dentists or dental hygienists indefinite suspension" and added "Procedure for reinstatement of licensee who have been suspended for an indefinite period of time is as follows"; and in Subsection E, Paragraph E(1), after "referred to the board or", added "if the application is for reinstatement of a license to practice dental hygiene, to the", and in Paragraph E(2), after each occurrence of "practice of dentistry", added "dental therapy".
