Licensees may not delegate the performance of the following procedures to auxiliary personnel:

1. A. removal of, or addition to, the hard or soft tissue of the oral cavity;
2. B. diagnosis and treatment planning;
3. C. final impressions, to include physical and digital impressions, for multiple-unit restorations or prosthetic appliances;
4. D. final fitting and adaptation of prostheses;
5. E. final fitting, adaptation, seating and cementation of any fixed or removable dental appliance or restoration, including but not limited to inlays, crowns, space maintainers, habit devices, anti-snoring or sleep apnea appliances or splints;
6. F. irrigation and medication of canals, cone try-in, reaming, filing or filling of root canals;
7. G. other services defined as the practice of dentistry or dental hygiene in Subsection A, B and C of Section 61-5A-4 NMSA 1978;
8. H. bleaching or whitening teeth without direct or indirect supervision of a dentist; and

9. I. laser-assisted non-surgical periodontal treatment.

   HISTORY OF 16.5.39 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:

   Article XII, Dental Assistants, 3/12/1981;

   Article XII, Dental Assistants, 1/12//1982;

   Article XII, Dental Assistants, 8/8/1984;

   Article XII, Dental Assistants, 2/5/1988;

   BOD Rule 10, Dental Assistants, 2/9/1989;

   BODHC Rule DA 1-95, Dental Assistant, Practice and Certification, 5/5/1995.

   History of Repealed Material:

   16.5.39 NMAC, Dental Assistants, Practice and Certification filed 9/10/2002 Repealed effective 5/31/2023.

   Other History:

   BODHC Rule DA 1-95, Dental Assistant, Practice and Certification, filed 5/5/1995 was renumbered, reformatted to and replaced by 16 NMAC 5.39, Dental Assistants, Practice and Certification, filed 9/17/1996.

   16 NMAC 5.39, Dental Assistants, Practice and Certification, filed 9/17/96 was renumbered, reformatted and amended to 16.5.39 NMAC, effective 9/30/2002.

   16.5.39 NMAC, Dental Assistants, Practice and Certification filed 9/10/2002 Replaced by 16.5.39 NMAC, Dental Assistants, Practice and Certification effective 5/31/2023.

[16.5.39.10 NMAC - Rp, 16.5.39.10 NMAC, 5/31/2023]