Section 61-5A-10 - Powers and duties of the board and committee. (Repealed effective July 1, 2016.)
61-5A-10. Powers and duties of the board and committee. (Repealed effective July 1, 2016.)
In addition to any other authority provided by law, the board or the committee shall have the power to:
A. enforce and administer the provisions of the Dental Health Care Act;
B. adopt, publish, file and revise, in accordance with the Uniform Licensing Act [61-1-1 NMSA 1978] and the State Rules Act [14-4-1 NMSA 1978], all rules as may be necessary to:
(1) regulate the examination and licensure of dentists 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 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 assisting and, through the committee, dental hygiene and censure, reprimand, fine and place on probation and stipulation dentists, dental assistants and, through the committee, dental hygienists, in accordance with the Uniform Licensing Act for any cause stated in the Dental Health Care 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;
H. maintain records of the name, address, license number and such other demographic data as may serve the needs of the board of all licensees, together with a record of all 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 staff and administrators as necessary to carry out the provisions of the Dental Health Care Act;
J. establish ad hoc committees whose members shall be appointed by the chairman 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 individuals 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;
M. have the authority to hire an attorney to give advice and counsel in regard to any matter connected with the duties of the board or the committee, to represent the board or the committee in any legal proceedings and to aid in the enforcement of the laws in relation to the Dental Health Care Act and to fix the compensation to be paid to such attorney; provided, however, such attorney shall be compensated from the funds of the board;
N. 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 assistants and, through the committee, dental hygienists licensed under the Dental Health Care Act; and
O. establish continuing education or continued competency requirements for dentists, certified dental assistants in expanded functions, dental technicians and, through the committee, dental hygienists.