2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-13 - Physician expedited licensure.

A. The board may grant an expedited license to a qualified applicant licensed in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978. The board shall process the application as soon as practicable but no later than thirty days after the out-of-state medical or osteopathic physician files an application for expedited licensure accompanied by any required fee if the applicant:
(1) holds a license that is current and in good standing issued by another licensing jurisdiction approved by the board; and
(2) has practiced medicine or osteopathy as a licensed physician for at least three years.
B. If the board issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require a person to pass an examination before applying for license renewal.
C. The board by rule shall determine those states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and shall determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on the board's website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted. The board may require fingerprints and other information necessary for a state and national criminal background check.
History:
1978 Comp., § 61-6-13, enacted by Laws 1989, ch. 269, § 9; 1994, ch. 80, § 6; 2001, ch. 96, § 3; 2003, ch. 19, § 13; 2005, ch. 159, § 2; 2021, ch. 54, § 32; 2021, ch. 70, § 8; 2023, ch. 190, § 28.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 10 recompiled former 61-6-13 NMSA 1978, relating to organized youth camp or school licenses, as 61-6-14 NMSA 1978, effective July 1, 1989.
Cross references.
— For perjury generally,
see
30-25-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, rewrote the section, applying existing provisions to expedited licensure, and struck language related to licensure by endorsement; in the section heading, added "expedited", and deleted "by endorsement"; in Subsection A, in the former introductory clause, after "may grant", added "an expedited", and deleted "by endorsement to a physician applicant who" and added "to a qualified applicant licensed in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978. The board shall process the application as soon as practicable but no later than thirty days after the out-of-state medical or osteopathic physician files an application for expedited licensure accompanied by any required fee if the applicant"; deleted former Paragraphs A(1) through A(5) and added new Paragraphs A(1) and A(2); deleted former Subsections B through E, added a new Subsection B and redesignated former Subsection F as Subsection C; and in Subsection C, added "The board by rule shall determine those states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and shall determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on the board's website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.".
2021 Amendments.
— Laws 2021, ch. 54, § 32, effective June 18, 2021, provided that a graduate of an accredited osteopathic medical school, having met other requirements, may be granted a license by endorsement by the New Mexico medical board, included board certification in a specialty recognized by the American osteopathic association as acceptable for meeting certain licensure requirements, and removed a provision that an applicant for licensure by endorsement must be in compliance with United States immigration laws; in the section heading, added "Physician"; in Subsection A, in the introductory clause, preceding "applicant", added "a physician", in Paragraph A(1), after "Canadian medical", added "or osteopathic medical", and in Paragraph A(2), after "medical specialties", added "the American osteopathic association or other specialty boards as approved by the board"; and in Subsection B, in the introductory clause, after "grant a", added "physician", in Paragraph B(1), after "from a medical", added "or osteopathic medical", deleted former Paragraph B(3) and redesignated former Paragraphs B(4) through B(7) as Paragraphs B(3) through B(6), respectively, and in Paragraph B(3), after "medical specialties", added "the American osteopathic association or other boards as approved by the board".
Laws 2021, ch. 70, § 8, effective June 18, 2021, removed a provision that an applicant for licensure by endorsement must be in compliance with United States immigration laws; and in Subsection B, deleted Paragraph B(3) and redesignated former Paragraphs B(4) through B(7) as Paragraphs B(3) through B(6), respectively.
The 2005 amendment,
effective April 5, 2005, in Subsection A, provided that the board may grant a license by endorsement to an applicant who has graduated from an accredited United States or Canadian medical school and deleted the provision that the officers of the examining board with jurisdiction or the Canadian medical council endorse the applicant; and in Subsection B, deleted the provision that the officers of the examining board with jurisdiction or the Canadian medical council endorse the applicant.
The 2003 amendment,
effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
The 2001 amendment,
effective April 2, 2001, in subsection D, inserted the language beginning "In cases when the applicant is board certified" and ending "where the applicant is licensed."
The 1994 amendment,
effective May 18, 1994, rewrote Subsections A, B and C, added Subsection D and redesignated former Subsections D and E as Subsections E and F, respectively, and substituted "any" for "a" in subsection E.
Findings regarding "equivalent" "qualifications and requirements".
— The district court may find that the differences in methodology of examination scoring between this state and another do not rationally relate to the question of "equivalent" "qualifications and requirements".
Fiber v. N.M. Bd. of Med. Exam'rs
, 1979-NMSC-046, 93 N.M. 67, 596 P.2d 510.
Practice of medicine limited.
— The practice of medicine, as characterized by the art of diagnosing, administration and prescribing of drugs and medicines, surgery, psychiatric examination, analysis and consultation, is limited in New Mexico to persons who, as determined by the New Mexico board of medical examiners, are duly accredited graduates of approved medical schools and have successfully passed a written examination or who have been granted their licenses by way of endorsement from the officers of examining boards of other states or certified to the New Mexico board of medical examiners by the national board of medical examiners. 1958 Op. Att'y Gen. No. 58-136.
Entitlement to license.
— Absent properly issued and reasonable regulations, a person is entitled to a license if all the qualifications established by the legislature are met. 1965 Op. Att'y Gen. No. 65-11.
Function of interview.
— The interview is a helpful aid in determining whether or not an applicant has met the New Mexico qualifications for licensing by endorsement. 1965 Op. Att'y Gen. No. 65-11.
Osteopath is a physician and surgeon
who has been trained in that "system or school of medicine which is taught and practiced in standard colleges of osteopathy and surgery," substantially the same as those in which applicants for a license to practice medicine are required to be examined. 1934 Op. Att'y Gen. No. 34-806.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M.L. Rev. 1 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 67, 68.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 20.