NMDA Journal Summer 2019

24 New Mexico Dental Journal, Summer 2019 AMessage fromYour NewMexico Board of Dental Health Care By L. Paul Balderamos DDS, MS, FACP Vice-Chair, New Mexico Board of Dental Health Care NMBDHC Report to the 2019 NMDA House of Delagates By Charles Schumacher, DDS Chair, New Mexico Board of Dental Health Care DENTAL THERAPY A Bill to allow the practice of dental therapy was signed into law by Governor Lujan on March 20, 2019. Your NMBDHC will be rewrit- ing new statutes and rules to comply with this new law. The rules committee will present the proposed statutes and rules, and there will be time for public comment and input. If you are interested the NMBDHC welcomes your input and comment. DENTAL ANESTHESIA The American Dental Association has ap- proved and recognized specialty status for Dental Anesthesia. Per Statute and by direction of the State of New Mexico Legis- lature your NMBDHC welcomes our dental anesthesiologists to their new status of recognized specialty. TREATMENT PLANS & PATIENT COMMUNICATION Members of the public have complained to the NMBDHC stating that they were presented with extensive, complex and expensive treat- ment proposals by dentists and office staff. Second opinions were sought out and the need for the extensive treatment protocols was not validated in the second opinions. The complainants feel that they are being taken advantage of with overtreatment. Please be I regret that I will not be able to attend this year’s HOD and State Meeting. I will be brief and list a few highlights of the year. • On March 13 of this year, the appeal by Pacific Dental against the Board’s 2017 adoption of rules pertaining to record- keeping by non-dentist owners and interference by non-dentists pertaining to clinical judgement and contractual referrals, including lab services, was denied. The ruling was a unanimous decision by the NM Court of Appeals, which consisted of a three-judge panel. The decision of the Board to adopt these rules has been affirmed. • We have not had any rules changes in the last 12 months, but have been working diligently on drafts of a few topics. I have scheduled a Rules Hearing for the October Board meeting. Drafts are available on the Board website. Here are the issues: • There is a conflict in the amount of CE required for sedation recertifications and the new sedation rules, in which requirements were increased. The new rules take precedent, and in the specific chapter about CE, those will be changed to reflect the correct amount. • In the Adjunctive Services section, the Board feels the need for definitive guidelines concerning the screening and treatment of snoring and obstructive sleep apnea. There is a large overlap of medicine and dentistry, and scope of practice issues are sometimes at odds. These new rules reference the recommendations from the American Dental Association, and the American Academy of Dental Sleep Medicine. These two organizations are at the forefront of this very important and evolving health concern. The main purpose is to reaffirm that dentists cannot diagnose breathing disorders, but can be qualified to treat these disorders. Qualification is dependent on proper education in this field. Diagnosis of sleep-related breathing disorders and prescription of appliances are made by our medical colleagues. • EFDAs will be given a grace period to complete their apprenticeship. For example, pregnancy or maternity leave, at the discretion of the board chair or vice-chair. • The current landscape in clinical dental testing is changing to reduce requirements for passing examinations. The Board feels that certain clinical procedures should still remain in place in order to accept qualified dentists for licensure in NM. Currently, the board accepts clinical exams from all of the regional testing services. Consequently, the board feels that each clinical exam should be similar in testing the skills and judgement of dental candidates, and that no one single exam be more attractive to candidates because of reduced requirements. • Existing rules of advertising are in various parts of the code. This consolidates all guidelines for all licensees and adds and modifies new language. Additions include guidelines for bait advertising, responsibilities for advertisements, testimonials, scope of practice, promotional items and signage, websites, claims of superiority, use of acronyms, and specialty advertising. The Board feels that past rules have been inadequate in addressing the current multiple levels of advertising and promotion. Federal code and NM Statute have been referenced in these new rules. careful and accurate as you develop and pres- ent your treatment plans to your patients. You may wish to state what is emergent, what is recommended and what is elective. Please present your treatment plans in clear and simple terms and remember that you (the dentist) are responsible for the actions of your office staff. Thank you to the diligent and conscientious dentists and support staff who treat our New Mexico patients with dignity and respect. Remember the Golden Rule!