A. Except as provided in Subsection I of this section, all licensees shall be required to renew their licenses triennially as established by rules of the board.
B. All dental assistants certified in expanded functions, expanded-function dental auxiliaries and community dental health coordinators shall be required to renew their certificates triennially as established by rules of the board.
C. The board or committee may establish a method to provide for staggered triennial terms and may prorate triennial renewal fees and impaired dentist and dental hygienist fees until staggered triennial renewal is established. The fact that a licensee has not received a renewal form from the board or committee shall not relieve the licensee of the duty to renew the license or certificate nor shall such omission on the part of the board or committee operate to exempt the licensee from the penalties for failure to renew the licensee's license or certificate.
D. All licensees shall pay a triennial renewal fee and an impaired dentist and dental hygienist fee, and all licensees shall return a completed renewal application form that includes proof of continuing education or continued competency.
E. Each application for triennial renewal of license shall state the licensee's full name, business address, the date and number of the license and all other information requested by the board or committee.
F. A licensee who fails to submit an application for triennial renewal on or before July 1 but who submits an application for triennial renewal within thirty days thereafter shall be assessed a late fee.
G. A licensee who fails to submit application for triennial renewal between thirty and sixty days of the July 1 deadline may have the licensee's license or certificate suspended. If the licensee renews by that time, the licensee shall be assessed a cumulative late fee.
H. The board or the committee may summarily revoke, for nonpayment of fees or failure to comply with continuing education or continued competency requirements, the license or certificate of a licensee or certificate holder who has failed to renew the license or certificate on or before August 31.
I. A license for a non-dentist owner shall be renewed triennially as established by rules. An application for renewal of a non-dentist owner license shall state the name, business address, date and number of the license and all other information as required by rule of the board. If a non-dentist owner fails to submit the application for renewal of the license by July 1, the board may assess a late fee. If the non-dentist owner fails to submit the application for a renewal license within sixty days of the July 1 renewal deadline, the board may suspend the license. The license of a non-dentist owner may be summarily revoked by the board for nonpayment of fees.
J. Assessment of fees pursuant to this section is not subject to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History: Laws 1994, ch. 55, § 16; 2003, ch. 409, § 13; 2011, ch. 113, § 11.
Delayed repeals. — For delayed repeal of this section, see 61-5A-30 NMSA 1978.
The 2011 amendment, effective June 17, 2011, required dental assistants certified as expanded-function dental auxiliaries or community dental health coordinators to renew their certificates triennially.
The 2003 amendment, effective June 20, 2003, substituted "licensee" for "practitioner" throughout the section; in Subsection A, added "Except as provided in Subsection I of this section" preceding "all licenses" at the beginning, and substituted "of the board" for "and regulations" following "established in rules" at the end; substituted "of the board" for "and regulations" following "established in rules" at the end of Subsection B; substituted "licensees" for "licensed practitioners" following "All" at the beginning of Subsection D; substituted "licensee or certificate holder" for "practitioner" following "certificate of any" near the middle of Subsection H; and added Subsections I and J.
State's legitimate interest in licensing persons to practice dentistry or dental hygiene is to assure that the individual is competent. 1980 Op. Att'y Gen. No. 80-20.
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 31, 59, 60, 67, 68, 79.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 19, 23.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 5A - Dental Health Care
Section 61-5A-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-5A-3 - Definitions. (Repealed effective July 1, 2024.)
Section 61-5A-4 - Scope of practice. (Repealed effective July 1, 2024.)
Section 61-5A-5 - License required; exemptions. (Repealed effective July 1, 2024.)
Section 61-5A-7 - Dental and dental hygiene districts created. (Repealed effective July 1, 2024.)
Section 61-5A-8 - Board created. (Repealed effective July 1, 2024.)
Section 61-5A-9 - Committee created. (Repealed effective July 1, 2024.)
Section 61-5A-10 - Powers and duties of the board and committee. (Repealed effective July 1, 2024.)
Section 61-5A-11 - Ratification of committee recommendations. (Repealed effective July 1, 2024.)
Section 61-5A-13 - Dental hygienist licensure. (Repealed effective July 1, 2024.)
Section 61-5A-13.1 - Dental therapist licensure; requirements. (Repealed effective July 1, 2024.)
Section 61-5A-13.3 - Dental therapy; practice environments. (Repealed effective July 1, 2024.)
Section 61-5A-14 - Temporary licensure. (Repealed effective July 1, 2024.)
Section 61-5A-14.1 - Public-service licensure. (Repealed effective July 1, 2024.)
Section 61-5A-16 - License and certificate renewals. (Repealed effective July 1, 2024.)
Section 61-5A-17 - Retirement and inactive status; reactivation. (Repealed effective July 1, 2024.)
Section 61-5A-18 - Practicing without a license; penalty. (Repealed effective July 1, 2024.)
Section 61-5A-19 - Reinstatement of revoked or suspended license. (Repealed effective July 1, 2024.)
Section 61-5A-20 - Fees. (Repealed effective July 1, 2024.)
Section 61-5A-22 - Anesthesia administration. (Repealed effective July 1, 2024.)
Section 61-5A-25 - Protected actions and communications. (Repealed effective July 1, 2024.)
Section 61-5A-26 - Fund established. (Repealed effective July 1, 2024.)
Section 61-5A-27 - Criminal Offender Employment Act. (Repealed effective July 1, 2024.)
Section 61-5A-28 - Temporary provision. (Repealed effective July 1, 2024.)
Section 61-5A-29 - Licensure or certification under prior law. (Repealed effective July 1, 2024.)
Section 61-5A-30 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)