Convictions for any of the following offense, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify and applicant from receiving or retaining a license or certificate by the board.

1. A. Physical harm to others:

   1. (1) murder;
   2. (2) manslaughter;
   3. (3) assault;
   4. (4) battery;
   5. (5) abandonment of a child resulting in death or great bodily harm;
   6. (6) abuse of a child;
   7. (7) kidnapping;
   8. (8) false imprisonment;
   9. (9) sexual assault.

2. B. Property damage:

   1. (1) shooting at property;
   2. (2) criminal damage to property;
   3. (3) dangerous use of explosives;
   4. (4) graffiti;
   5. (5) arson.

3. C. Fraud:

   1. (1) misrepresentation fraudulent statements or alterations of documents;
   2. (2) improper sale, disposal, removal or concealing of encumbered property;
   3. (3) tax fraud;
   4. (4) conspiracy;
   5. (5) medicaid, medicare or insurance fraud;
   6. (6) money laundering.

4. D. Theft:

   1. (1) breaking and entering;
   2. (2) larceny;
   3. (3) robbery;
   4. (4) burglary;
   5. (5) shoplifting;
   6. (6) I.D. theft;
   7. (7) credit card or other financial information;
   8. (8) receiving or transferring stolen property.

5. E. Financial crimes:

   1. (1) embezzlement;
   2. (2) extortion;
   3. (3) Receiving stolen property;
   4. (4) forgery;
   5. (5) receiving illegal kickbacks;
   6. (6) racketeering;
   7. (7) falsification of documents;
   8. (8) white collar crimes.

6. F. Drug offenses:

   1. (1) drug trafficking;
   2. (2) possession;
   3. (3) contributing to the delinquency of a minor.

7. G. Sex crimes:

   1. (1) distribution of pornography;
   2. (2) human trafficking;
   3. (3) criminal sexual penetration or contact;
   4. (4) failure to register with the sex offender and notification act.
8. H. Any crimes identified under Section 61-5A-21, NMSA 1978.

9. I. Miscellaneous:

   1. (1) felon in possession of a firearm;
   2. (2) bribery of an official;
   3. (3) accepting a bribe;
   4. (4) gabling and gaming crimes;
   5. (5) stalking;
   6. (6) terrify, intimidate, threaten, harass, annoy or offend another;
   7. (7) escape from incarceration;
   8. (8) DWI;
   9. (9) practicing a profession without a license or on a revoked or suspended license;
   10. (10) violation of the subdivision act, mortgage foreclosure act, mortgage loan company act or uniform money services act.
   11. (11) violation of the controlled substance act.
10. J. The board shall not consider the fact of a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying criminal convictions listed in 16.5.1.30 NMAC.
11. K. The board shall not deny, suspend or revoke a license on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying criminal convictions listed in 16.5.1.30 NMAC.
12. L. Nothing in this rule prevents the board from denying an application or disciplining a licensee on the basis of an individual’s conduct to the extent that such conduct violated the Dental Health Care Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying criminal convictions listed in 16.5.1.30 NMAC.

13. M. In connection with an application for licensure, the board shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

    1. (1) an arrest not followed by a valid conviction;
    2. (2) a conviction that has been sealed, dismissed, expunged or pardoned;
    3. (3) a juvenile adjudication; or

    4. (4) a conviction for any crime other than the disqualifying criminal convictions listed in 16.5.1.30 NMAC.

       History of 16.5.1 NMAC:

       Pre-NMAC History:

       Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

       BDE 69-1, Rules and Regulations of the New Mexico Board of Dental Examiners, filed 8/14/1969;

       BDE 70-1, Rules and Regulations of the New Mexico Board of Dental Examiners, filed 9/21/1970;

       BDE 73-1, Rules and Regulations of the New Mexico Board of The New Mexico Board of Dentistry, filed 02/12/1973;

       Article I, Board of Dentistry, filed 3/11/1981;

       Rules 1.1-1.8, Dental Hygiene Committee Rules and Regulations, filed 11/20/1987

       BOD Rule 1, Board of Dentistry, filed 2/9/1989;

       BOD Rule 14, Public Records Policy, filed 3/13/1992;

       BOD Rule 15, The Control and Prevention of the Transmission of Blood borne Infections in Dental Offices and Facilities, filed 9/16/1992;

       BODHC Rule 1-95, General Provisions, filed 5/5/1995;

       BODHC Rule 2-95, Definitions, filed 5/5/1995;

       BODHC Rule 3-95, Guidelines for Approved Continuing Education, filed 5/5/1995;

       BODHC Rule 4-95, Control and Prevention of the Transmission of Blood borne Infections, filed 5/5/1995;

       BODHC Rule 5-95, Savings Clause, filed 5/5/1995.

       History of Repealed Material:

       BDE 73-1, Rules and Regulations of the New Mexico Board of Dentistry (filed 2/12/1973) repealed by Article XIV, filed 3/1/1981.

       16.5.1 NMAC, Dentistry (Dentists, Dental Hygienists, Etc.) - General Provisions filed 12/1/2000, Repealed effective 12/14/2019.

       16.5.1 NMAC, Dentistry (Dentists, Dental Hygienists, Etc.) - General Provisions filed 11/14/2019, Repealed effective 5/31/2023.

       Other History:

       BODHC Rule 1-95, General Provisions; BODHC Rule 2-95, Definitions; BODHC Rule 3-95, Guidelines for Approved Continuing Education; BODHC Rule 4-95, Control and Prevention of the Transmission of Blood borne Infections; BODHC Rule 5-95, Savings Clause all (filed 5/5/1995) were renumbered, reformatted, amended and replaced by 16 NMAC 5.1, General Provisions, effective 09/30/1996.

       16 NMAC 5.1, General Provisions (filed 9/17/1996) was renumbered, reformatted and amended to 16.5.1 NMAC, General Provisions, effective 12/14/2000.

       16.5.1 NMAC, Dentistry (Dentists, Dental Hygienists, Etc.) - General Provisions filed 12/1/2000 was replaced by Dentistry (Dentists, Dental Hygienists, Etc.) - General Provisions, effective 12/14/2019.

       16.5.1 NMAC, Dentistry (Dentists, Dental Hygienists, Etc.) - General Provisions filed 11/14/2019 was replaced by Dentistry (Dentists, Dental Hygienists, Etc.) - General Provisions, effective 5/31/2023.

[16.5.1.30 NMAC - Rp, 16.5.1.30 NMAC, 5/31/2023]