1. A. The attorney general, district attorney, the board, the committee or any citizen of any county where any person practices dentistry or dental hygiene without possessing a valid license to do so may, in accordance with the laws of New Mexico governing injunctions, maintain an action in the name of the state. To enjoin such person from practicing dentistry or dental hygiene until a valid license to practice dentistry or dental hygiene is secured and any person who has been enjoined who violates the injunction shall be punished for contempt of court, provided that the injunction does not relieve any person practicing dentistry or dental hygiene without a valid license from a criminal prosecution therefore as provided by law.
2. B. In charging any person in a complaint for injunction, or in an affidavit, information or indictment with practicing dentistry or dental hygiene without a valid license, it is sufficient to charge that the person did, upon a certain day and in a certain county, engage in the practice of dentistry or dental hygiene without a valid license, without averring any further or more particular facts concerning the same.

History: Laws 1994, ch. 55, § 24.

ANNOTATIONS

Cross references. — For injunctions generally, see Rules 1-065 and 1-066 NMRA.

Dentists may form a professional corporation for the practice of dentistry so long as the name of the corporation contains all of the names of the members of the professional corporation plus the words "professional corporation" or some other word or abbreviation of a word authorized by the Professional Corporations Act. 1969 Op. Att'y Gen. No. 69-63.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 87.

Unlicensed dentist's right to recover for services, 30 A.L.R. 860, 42 A.L.R. 1226, 118 A.L.R. 646.

Right of one licensed as a regular physician to practice dentistry, 86 A.L.R. 624.

Corporation or individual not himself licensed, right to practice dentistry through licensed employees, 103 A.L.R. 1240.

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice dentistry from owning, maintaining or operating an office therefor, 20 A.L.R.2d 808.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 57.