reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-3 - Meetings of the board; quorum.

A. The board shall hold four regular meetings every fiscal year.
B. During the second quarter of each year, the board shall hold its annual meeting and shall elect officers.
C. In addition to the regular meetings, the board may hold special meetings at the call of the president after written notice to all members of the board or at the written or electronic request of any two members.
D. A majority of the members of the board shall constitute a quorum and shall be capable of conducting any board business. The vote of a majority of a quorum shall prevail, even though the vote may not represent an actual majority of all the board members.
History:
1978 Comp., § 61-6-3, enacted by Laws 1989, ch. 269, § 3; 2003, ch. 19, § 3; 2021, ch. 54, § 18.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 269, § 3 repealed former 61-6-3 NMSA 1978, as amended by Laws 1979, ch. 63, § 1, relating to bond of secretary-treasurer, reimbursement of board members and duties of officers, and enacted a new section, effective July 1, 1989.
The 2021 amendment,
effective June 18, 2021, in Subsection B, after "annual meeting", deleted "during which it" and added "and".
The 2003 amendment,
effective June 20, 2003, deleted "Two of those meetings shall be licensing meetings" from end of Subsection A; deleted former Subsection C relating to regular licensing meetings and redesignated former Subsections D and E as Subsections C and D; inserted "or electronic" following "at the written" in present Subsection C.
Implied powers of board.
— Although the statutes are silent in respect to the powers of the board to contract generally, the board possesses the implied authority necessary to fulfill the duties for which the board was created. Among the implied powers of the board would be the authority to maintain office equipment, files and records incident to the carrying out of the board's statutory functions. 1962 Op. Att'y Gen. No. 62-87.
Board of medical examiners may negotiate lease of office space
for board use; however, such lease may not, in the absence of specific statutory authority, lawfully be entered into for a time period in excess of that for which the legislature has made an appropriation for the payment of such expenses. 1962 Op. Att'y Gen. No. 62-87.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-4 - Election; duties of officers; reimbursement of board members.

A. At its annual meeting, the board shall elect a chair, a vice chair and a secretary-treasurer.
B. The chair shall preside over the meetings and affairs of the board.
C. The vice chair shall perform such duties as may be assigned by the chair and shall serve as chair due to the absence or incompetence of the chair.
D. The secretary-treasurer shall be a physician member of the board and shall:
(1) review applications for licensure and interview applicants to determine eligibility for licensure;
(2) issue temporary licenses pursuant to Section 61-6-14 NMSA 1978;
(3) serve on committees related to board activities that require physician participation;
(4) serve as a consultant on medical practice issues when a board action is not required; and
(5) perform any other functions assigned by the board or by the chair.
E. The secretary-treasurer may be compensated at the discretion of the board.
F. Board members shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance, except that the secretary-treasurer may be additionally compensated as provided in Subsection E of this section and board members may be additionally compensated in accordance with Subsection G of this section.
G. Board members or agents performing interviews of applicants may be compensated at the board's discretion.
History:
1978 Comp., § 61-6-4, enacted by Laws 1989, ch. 269, § 4; 2003, ch. 19, § 4; 2021, ch. 54, § 19.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 6 recompiled former 61-6-4 NMSA 1978, relating to definitions, as 61-6-6 NMSA 1978, effective July 1, 1989.
The 2021 amendment,
effective June 18, 2021, required that the secretary-treasurer of the New Mexico medical board be a physician member of the board; and in Subsection D, after "shall", added "be a physician member of the board and shall".
The 2003 amendment,
effective June 20, 2003, substituted "chair" for "president" throughout Subsections A to C; deleted former Paragraphs (1) to (4) of Subsection D relating to the duties of the secretary-treasurer and added present Paragraphs (1) to (4) of Subsection D; substituted "chair" for "president between meetings" at the end of Paragraph (5) of Subsection D; in Subsection G, inserted "or agents" near the beginning, and deleted "as required by Sections 61-6-11 and 61-6-13 NMSA 1978" following "of applicants".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-7 - Repealed.

History:
1953 Comp., § 67-5-3.3, enacted by Laws 1973, ch. 361, § 3; 1977, ch. 110, § 2; 1978 Comp., § 61-6-6, recompiled as § 61-6-7 by Laws 1989, ch. 9, § 1; 1994, ch. 57, § 13; 1994, ch. 80, § 2; 1997, ch. 187, § 2; 2003, ch. 19, § 7; 2017, ch. 103, § 2; repealed by Laws 2022, ch. 39, § 106.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 39, § 106 repealed 61-6-7 NMSA 1978, as enacted by Laws 1973, ch. 361, § 3, relating to short title, licensure as a physician assistant, scope of practice, biennial registration of supervision, license renewal, fees, effective May 18, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-7.1 - Recompiled.

History:
1978 Comp., § 61-6-7.1, enacted by Laws 1989, ch. 9, § 2; recompiled and amended as § 61-6C-2 by Laws 2022, ch. 39, § 30.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 30 recompiled and amended former 61-6-7.1 NMSA 1978 as 61-6C-2 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-7.2 - Recompiled.

History:
1978 Comp., § 61-6-7.2, enacted by Laws 1997, ch. 187, § 3; 2003, ch. 19, § 8; 2021, ch. 54, § 22; recompiled and amended as § 61-6C-4 by Laws 2022, ch. 39, § 32.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 32 recompiled and amended former 61-6-7.2 NMSA 1978 as 61-6C-4 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-7.3 - Recompiled.

History:
1978 Comp., § 61-6-7.3, enacted by Laws 1997, ch. 187, § 4; recompiled as § 61-6C-5 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-7.3 NMSA 1978 as 61-6C-5 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-7.4 - Recompiled.

History:
Laws 2017, ch. 103, § 6; 1978 Comp., § 61-6-7.4, recompiled as § 61-6C-6 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-7.4 NMSA 1978 as 61-6C-6 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-8 to 61-6-8.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 19, § 29 repealed 61-6-8 and 61-6-8.1 NMSA 1978, as enacted by Laws 1973, ch. 361, § 4 and Laws 1997, ch. 187, § 6, respectively, relating to the power to deny, revoke or suspend any license to practice as a physician assistant and the physician assistant advisory committee. For provisions of former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-9 - Recompiled.

History:
1953 Comp., § 67-5-3.5, enacted by Laws 1973, ch. 361, § 5; 1978 Comp., § 61-6-8, recompiled as § 61-6-9 by Laws 1989, ch. 9, § 4; 1994, ch. 57, § 14; 1994, ch. 80, § 4; 1995, ch. 21, § 1; 1997, ch. 187, § 7; 2003, ch. 19, § 9; 2017, ch. 103, § 3; recompiled and amended as § 61-6C-7 by Laws 2022, ch. 39, § 33.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 33 recompiled and amended former 61-6-9 NMSA 1978 as 61-6C-7 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10 - Recompiled.

History:
1953 Comp., § 67-5-3.6, enacted by Laws 1973, ch. 361, § 6; 1978 Comp., § 61-6-9, recompiled as § 61-6-10 by Laws 1989, ch. 9, § 5; 1997, ch. 187, § 8; 2003, ch. 19, § 10; 2007, ch. 250, § 1; 2017, ch. 103, § 4; recompiled and amended as § 61-6C-8 by Laws 2022, ch. 39, § 34.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 34 recompiled and amended former 61-6-10 NMSA 1978 as 61-6C-8 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.1 - Recompiled.

History:
Laws 2001, ch. 311, § 1; 1978 Comp., § 61-6-10.1, recompiled and amended as § 61-6D-1 by Laws 2022, ch. 39 § 35.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 35 recompiled and amended former 61-6-10.1 NMSA 1978 as 61-6D-1 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.2 - Recompiled.

History:
Laws 2001, ch. 311, § 2; 2003, ch. 19, § 11; 2003, ch. 302, § 1; 2015, ch. 52, § 1; repealed and reenacted by 2015, ch. 52, § 4; 2021, ch. 54, § 23; 2021, ch. 54, § 24; 1978 Comp., § 61-6-10.2 recompiled as § 61-6D-2 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.2 NMSA 1978 as 61-6D-2 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.3 - Recompiled.

History:
Laws 2001, ch. 311, § 3; 2003, ch. 302, § 2; 2020, ch. 6, § 14; 1978 Comp., § 61-6-10.3, recompiled as § 61-6D-3 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.3 NMSA 1978 as 61-6D-3 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.4 - Recompiled.

History:
Laws 2001, ch. 311, § 4; 1978 Comp., § 61-6-10.4, recompiled as § 61-6D-4 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.4 NMSA 1978 as 61-6D-4 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.5 - Recompiled.

History:
Laws 2001, ch. 311, § 5; 2020, ch. 6, § 15; 1978 Comp., § 61-6-10.5, recompiled as § 61-6D-5 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.5 NMSA 1978 as 61-6D-5 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.6 - Recompiled.

History:
Laws 2001, ch. 311, § 6; 2021, ch. 54, § 25; 1978 Comp., § 61-6-10.6, recompiled as § 61-6D-6 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.6 NMSA 1978 as 61-6D-6 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.7 - Recompiled.

History:
Laws 2001, ch. 311, § 7; 2013, ch. 129, § 1; 1978 Comp., § 61-6-10.7, recompiled as § 61-6D-7 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.7 NMSA 1978 as 61-6D-7 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 19, § 29 repealed 61-6-10.8 NMSA 1978, as enacted by Laws 2001, ch. 311, § 8, relating to the power to deny, revoke or suspend a license to practice as an anesthesiologist assistant, effective June 20, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.9 - Recompiled.

History:
Laws 2001, ch. 311, § 9; 2003, ch. 302, § 3; 2015, ch. 52, § 2; 1978 Comp., § 61-6-10.9, recompiled and amended as § 61-6D-8 by Laws 2022, ch. 39, § 36.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 36 recompiled and amended former 61-6-10.9 NMSA 1978 as 61-6D-8 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.10 - Recompiled.

History:
Laws 2001, ch. 311, § 10; 1978 Comp., § 61-6-10.10, recompiled as § 61-6D-9 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.10 NMSA 1978 as 61-6D-9 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-10.11 - Recompiled.

History:
Laws 2015, ch. 52, § 3; 2021, ch. 54, § 26; 1978 Comp., § 61-6-10.11, recompiled as § 61-6D-10 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-6-10.11 NMSA 1978 as 61-6D-10 NMSA 1978, effective May 18, 2022.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-11.1 - Telemedicine license.

A. The board shall issue a licensed physician a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States. The board shall establish by rule the requirements for licensure; provided that the requirements shall not be more restrictive than those required for expedited licensure.
B. A telemedicine license shall be issued for a period not to exceed three years and may be renewed upon application, payment of fees as provided in Section 61-6-19 NMSA 1978 and compliance with other requirements established by rule of the board.
History:
Laws 2001, ch. 96, § 10; 2021, ch. 54, § 28; 2023, ch. 190, § 27.
ANNOTATIONS
Cross references.
— For penalty for practicing medicine across state lines without license,
see
61-6-20 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, in Subsection A, added "expedited" preceding "licensure", and after "licensure", deleted "by endorsement".
The 2021 amendment,
effective June 18, 2021, clarified that the New Mexico medical board shall issue telemedicine licenses to licensed physicians; and in Subsection A, after "shall issue", added "a licensed physician".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-12 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Medical Practice Act and to all health care practitioners over which the board has licensure authority.
History:
1953 Comp., § 67-5-4.1, enacted by Laws 1974, ch. 78, § 15; 1978 Comp., § 61-6-11, recompiled as § 61-6-12 by Laws 1989, ch. 269, § 8; 2021, ch. 54, § 29.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 269, § 32 repealed former 61-6-12 NMSA 1978, as amended by Laws 1979, ch. 63, § 2, relating to examinations, licenses without examination, and temporary licenses, effective July 1, 1989. For present comparable provisions,
see
61-6-13 NMSA 1978.
Cross references.
— For criminal records screening for caregivers employed by care providers,
see
29-17-2 to 29-17-5 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, provided that the provisions of the Criminal Offender Employment Act govern any consideration of criminal records by the New Mexico medical board of health care practitioners over which the board has licensure authority; and after "Medical Practice Act", added "and to all health care practitioners over which the board has licensure authority".
The 1989 amendment,
effective July 1, 1989, renumbered this section, which formerly was 61-6-11 NMSA 1978, and substituted "the Medical Practice Act" for "Sections 67-5-1 through 67-5-26 NMSA 1953".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-15.1 - Summary suspension or restriction of license.

A. The board may summarily suspend or restrict a license issued by the board without a hearing, simultaneously with or at any time after the initiation of proceedings for a hearing provided under the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], if the board finds that evidence in its possession indicates that the licensee:
(1) poses a clear and immediate danger to the public health and safety if the licensee continues to practice;
(2) has been adjudged mentally incompetent by a final order or adjudication by a court of competent jurisdiction; or
(3) has pled guilty to or been found guilty of any offense related to the practice of medicine or for any violent criminal offense in this state or a substantially equivalent criminal offense in another jurisdiction.
B. A licensee is not required to comply with a summary action until service has been made or the licensee has actual knowledge of the order, whichever occurs first.
C. A person whose license is suspended or restricted under this section is entitled to a hearing by the board pursuant to the Uniform Licensing Act within fifteen days from the date the licensee requests a hearing.
History:
Laws 2008, ch. 74, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-16 - Reporting of settlements and judgments, professional review actions and acceptance of surrendered license; immunity from civil damages; penalty.

A. All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a medical malpractice action or claim, hospitals, health care entities and professional review bodies shall report to the board all payments relating to malpractice actions or claims arising in New Mexico that involve a licensee and that are paid as a direct result of the licensee's care, all appropriate professional review actions of licensees and the acceptance or surrender of clinical privileges by a licensee while under investigation or in lieu of an investigation. For the purposes of this section, the meaning of these terms shall be as contained in Section 431 of the federal Health Care Quality Improvement Act of 1986, 42 USCA Section 11151.
B. The hospitals required to report under this section, health care entities or professional review bodies that provide such information in good faith shall not be subject to suit for civil damages as a result of providing the information.
C. A hospital, health care entity or professional review body failing to comply with the reporting requirements provided in this section shall be subject to civil penalty not to exceed ten thousand dollars ($10,000).
History:
1978 Comp., § 61-6-16, enacted by Laws 1989, ch. 269, § 12; 2003, ch. 19, § 16; 2008, ch. 74, § 2.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 13 recompiled former 61-6-16 NMSA 1978, relating to exceptions from this article, as 61-6-17 NMSA 1978, effective July 1, 1989.
The 2008 amendment,
effective May 14, 2008, in Subsection A, required reports to the board of payments that involve a licensee.
The 2003 amendment,
effective June 20, 2003, inserted "federal" following "Section 431 of the" in Subsection A; in Subsection B, substituted "The" for "No" at the beginning, inserted "not" following "good faith shall", substituted "of providing the information" for "thereof" at the end; and substituted "ten thousand dollars ($10,000)" for "two thousand dollars ($2,000)" in Subsection C.
Law reviews.
— For case note, "Workers' Compensation Law: A Clinical Psychologist Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637 (1988).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-18 - Medical students; interns; residents; fellows.

A. Nothing in the Medical Practice Act shall prevent a medical student properly registered or enrolled in a medical college or school in good standing from diagnosing or treating the sick or afflicted, provided that the medical student does not receive compensation for services and such services are rendered under the supervision of the school faculty as part of the student's course of study.
B. Any intern, resident or fellow who is appointed in a board-approved residency or fellowship training program may pursue such training after obtaining a postgraduate training license from the board. The board may adopt by rule specific education or examination requirements for a postgraduate training license.
C. Any person serving in the assigned rotations and performing the assigned duties in a board-approved residency or fellowship training program accredited in New Mexico may do so for an aggregate period not to exceed eight years or completion of the residency, whichever is shorter.
D. The board may require any applicant for a postgraduate training license required in Subsections B and C of this section to personally appear before the board or a designated member of the board for an interview.
E. Every applicant for a postgraduate training license under this section shall pay the fees required by Section 61-6-19 NMSA 1978.
F. Postgraduate training licenses shall be renewed annually and shall be effective during each year or part of a year of postgraduate training.
History:
1978 Comp., § 61-6-18, enacted by Laws 1989, ch. 269, § 14; 1994, ch. 80, § 9; 2005, ch. 159, § 5; 2021, ch. 54, § 37.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 16 recompiled former 61-6-18 NMSA 1978, relating to penalty for practicing without a license, as 61-6-20 NMSA 1978, effective July 1, 1989.
The 2021 amendment,
effective June 18, 2021, included "fellows" and "fellowships" within the provisions of this section; after "residents", added "fellows"; in Subsection B, after "resident", added "or fellow", and after "residency", added "or fellowship"; and in Subsection C, after "residency", added "or fellowship".
The 2005 amendment,
effective April 5, 2005, in Subsection B, provided that an intern or resident who is appointed to a board-approved residency training program may pursue the training after obtaining a license from the board and adds the provision that the board may adopt by rule specific education or examination requirement for a postgraduate training license.
The 1994 amendment,
effective May 18, 1994, substituted "Any" for "Nothing in the Medical Practice Act shall require an," substituted "in New Mexico may" for "to obtain a license to" and added "after obtaining a postgraduate training license from the board" in Subsection B, rewrote Subsection C, and added Subsections D, E and F.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-18.1 - Public service license.

A. Applicants for a public service license shall meet all requirements for licensure and shall:
(1) be enrolled in a board-approved residency or fellowship training program either in New Mexico or in another jurisdiction;
(2) obtain written approval from the training program director of the applicant to pursue a public service practice opportunity outside the residency training program; and
(3) satisfy other reasonable requirements imposed by the board.
B. A physician with one year of postdoctoral training may apply for a public service license to practice under the direct supervision of a licensed physician or with immediate access to a licensed physician by electronic means when the public service physician is employed in a medically underserved area.
C. A public service license shall expire on September 1 of each year and may be renewed by the board.
D. An applicant for a public service license shall pay the required fees set forth in Section 61-6-19 NMSA 1978.
History:
1978 Comp., § 61-6-18.1, enacted by Laws 1994, ch. 80, § 10; 2003, ch. 19, § 18; 2005, ch. 159, § 6; 2021, ch. 54, § 38.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, included "fellowships" within the provisions of this section; and in Subsection A, Paragraph A(1), after "residency", added "or fellowship".
The 2005 amendment,
effective April 5, 2005, deleted former Subsection A(3), which required applicants to obtain advance written approval from the training program director of the applicant to return to the residency training program after public service and provided in Subsection C that public service licenses expire on September 1 of each year.
The 2003 amendment,
effective June 20, 2003, in Subsection A, rewrote the undesignated paragraph, added present Paragraph (1) and redesignated former Paragraphs (1) and (2) as present Paragraphs (2) and (3), substituted "obtain written approval from the" for "obtains approval from his" at the beginning of present Paragraph (2), substituted "obtain advance written approval from the" for "obtains advance approval from his" at the beginning of present Paragraph (3), inserted "of the applicant" following "program director" in present Paragraphs (2) and (3), substituted "satisfy" for "satisfies any" at the beginning of Paragraph (4); in Subsection B, substituted "or has immediate access to a licensed physician by electronic means when the public service physician" for "or when the physician" following "licensed physician or".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-21 - Continuing medical education; penalty.

A. For the purpose of protecting the health and well-being of the residents of this state and for maintaining and continuing informed professional knowledge and awareness, the board shall establish mandatory continuing educational requirements for licensees under its authority.
B. The board may suspend the license of a licensee who fails to comply with continuing medical education or continuing education requirements until the requirements are fulfilled and may take any further disciplinary action if the licensee fails to remediate the deficiencies, including revocation of license.
History:
1978 Comp., § 61-6-21, enacted by Laws 1989, ch. 269, § 17; 2003, ch. 19, § 20; 2021, ch. 54, § 40.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 18 recompiled former 61-6-21 NMSA 1978, relating to injunction to prevent practice without a license, as 61-6-22 NMSA 1978, effective July 1, 1989.
The 2021 amendment,
effective June 18, 2021, required the New Mexico medical board to establish mandatory continuing education requirements for licensees under its authority, and authorized the board to take disciplinary action if licensees fail to comply with continuing medical education; in Subsection A, deleted "The board may establish rules pertaining to continuing medical education for licensees." and added the remainder of the subsection; and in Subsection B, after "fulfilled", added "and may take any further disciplinary action if the licensee fails to remediate the deficiencies, including revocation of license".
The 2003 amendment,
effective June 20, 2003, in Subsection A, deleted "and regulations" near the beginning, substituted "for licensees" for "for physicians and continuing education for physician assistants" at the end; in Subsection B, substituted "license of a licensee" for "license or registration of any physician or physician assistant" near the beginning, and deleted "such time as" following "requirements until".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-22 - Injunction to prevent practice without a license.

The attorney general, the prosecuting attorney, the board or any citizen of any county where any person engages in the practice of medicine as defined by the laws of New Mexico without possessing a valid license to do so may, in accordance with the laws of the state governing injunctions, maintain an action in the name of the state to enjoin such person from engaging in the practice of medicine until a valid license to practice medicine is secured from the board. Any person who has been so enjoined who violates the injunction shall be punished for contempt of court. Provided, however, the injunction shall not relieve the person practicing medicine without a valid license from criminal prosecution therefor as provided by law, but such remedy by injunction shall be in addition to any remedy now provided for criminal prosecution of such offender. In charging any person in a petition for injunction or in an information or indictment with a violation of law by practicing medicine without a valid license, it is sufficient to charge that the person did, on a certain day and in a certain county, engage in the practice of medicine without having a valid license without alleging any further or more particular facts.
History:
1953 Comp., § 67-5-15; Laws 1969, ch. 46, § 10; 1978 Comp., § 61-6-21, recompiled as § 61-6-22 by Laws 1989, ch. 269, § 18.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 269, § 32 repealed former 61-6-22 NMSA 1978, as amended by Laws 1987, ch. 204, § 1, relating to annual registration fees, effective July 1, 1989. For present comparable provisions,
see
61-6-19 NMSA 1978.
Cross references.
— For penalty for practicing medicine without a license,
see
61-6-18 NMSA 1978.
For injunctions,
see
Rules 1-065 and 1-066 NMRA.
The 1989 amendment,
effective July 1, 1989, renumbered this section which formerly was 61-6-21 NMSA 1978, corrected a misspelling in the section heading, substituted "the board" for "the board of medical examiners" in two places in the first sentence, and made numerous minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers § 122.
43A C.J.S. Injunctions § 242.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-23 - Investigation; subpoena.

To investigate a complaint against an applicant or a licensee, the board may issue investigative subpoenas prior to the issuance of a notice of contemplated action.
History:
1978 Comp., § 61-6-23, enacted by Laws 1989, ch. 269, § 19; 2003, ch. 19, § 21; 2021, ch. 54, § 41.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 23 recompiled former 61-6-23 NMSA 1978, relating to issuance and display of registration certificate, as 61-6-27 NMSA 1978, effective July 1, 1989.
The 2021 amendment,
effective June 18, 2021, authorized the New Mexico medical board to investigate complaints against applicants for licensure; and after "complaint against", added "an applicant or".
The 2003 amendment,
effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-24 - Limitations on actions.

A. No action that would have any of the effects specified in Sections 61-6-15 and 61-6-15.1 NMSA 1978 may be initiated by the board later than two years after it is brought to the board's attention.
B. The time limitation contained in Subsection A of this section shall be tolled by any civil or criminal litigation in which the licensee or applicant is a party arising substantially from the same facts, conduct, transaction or transactions that would be the basis of the board's decision.
History:
1978 Comp., § 61-6-24, enacted by Laws 1989, ch. 269, § 20; 2008, ch. 74, § 4.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 24 recompiled former 61-6-24 NMSA 1978, relating to practitioners changing location or beginning practice, as 61-6-28 NMSA 1978, effective July 1, 1989.
The 2008 amendment,
effective May 14, 2008, added the reference to Section 61-6-15.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-25 - False statement; penalty.

Any person making a false statement under oath or a false affidavit shall be guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] to eighteen months imprisonment and, in the sentencing court's discretion, to a fine of not more than five thousand dollars ($5,000).
History:
1978 Comp., § 61-6-25, enacted by Laws 1989, ch. 269, § 21.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 269, § 32 repealed former 61-6-25 NMSA 1978, as amended by Laws 1969, ch. 46, § 14, relating to publication and distribution of lists of registrants, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-27 - Issuance and display of renewal certificate.

The board shall issue to each licensed physician, upon application in accordance with the provisions of the Medical Practice Act and upon payment of the appropriate fees and upon documentation of continuing education requirements, a certificate of triennial renewal, under the seal of the board, for the ensuing three years. The certificate of renewal shall contain the licensed physician's name, business address, license date and number and other information as the board deems advisable. The certificate of triennial renewal shall, at all times, be displayed conspicuously in the principal office or practice location of the licensed physician to whom it has been issued.
History:
1941 Comp., § 51-2802, enacted by Laws 1945, ch. 74, § 2; 1953 Comp., § 67-5-18; Laws 1969, ch. 46, § 12; 1978 Comp., § 61-6-23, recompiled as § 61-6-27 by Laws 1989, ch. 269, § 23; 2003, ch. 19, § 23.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 269, § 32 repealed former 61-6-27 NMSA 1978, as amended by Laws 1961, ch. 11, § 3, relating to disposal of registration fees, effective July 1, 1989. For present comparable provisions,
see
61-6-19 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "licensed physician, upon" for "duly licensed practitioner, upon his" preceding "application in accordance", substituted "licensed physician's name, business address, license date and number and" for "practitioner's name, his business address, the date and number of his license to practice and such" preceding "other information as", and substituted "licensed physician" for "practitioner" near the end.
The 1989 amendment,
effective July 1, 1989, renumbered this section, which formerly was 61-6-27 NMSA 1978; substituted "renewal certificate" for "registration certificate" in the catchline; divided the former first sentence into the present first two sentences; in the first sentence, substituted "in accordance with the provisions of the Medical Practice Act and upon payment of the appropriate fees and upon documentation of continuing education requirements" for "in accordance with the provisions of Sections 67-5-1 through 67-5-23 NMSA 1953", "certificate of triennial renewal" for "certificate of annual registration", and "for the ensuing three years" for "for the ensuing year and ending December 31st of that year"; in the second sentence, substituted "certificate of renewal" for "certificate of registration"; in the last sentence, substituted "certificate of triennial renewal" for "certificate of annual registration" and "the principal office of practice location" for "the office"; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-28 - Licensed physicians; changing location.

A licensed physician or practitioner under licensure authority of the board or who applies for a license issued by the board who changes the location of the physician's or practitioner's office or residence shall promptly notify the board of the change. Applicants and licensees shall maintain a current address, phone number and email address with the board.
History:
1941 Comp., § 51-2803, enacted by Laws 1945, ch. 74, § 3; 1953 Comp., § 67-5-19; Laws 1969, ch. 46, § 13; 1978 Comp., § 61-6-24, recompiled as § 61-6-28 by Laws 1989, ch. 269, § 24; 2003, ch. 19, § 24; 2021, ch. 54, § 42.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 269, § 32 repealed former 61-6-28 NMSA 1978, as amended by Laws 1969, ch. 46, § 16, relating to the penalty for failure to register, effective July 1, 1989. For present comparable provisions,
see
61-6-26 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, required applicants and licensees to maintain current contact information with the New Mexico medical board; and after "A licensed physician", added "or practitioner under licensure authority of the board or who applies for a license issued by the board", and added the last sentence.
The 2003 amendment,
effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
The 1989 amendment,
effective July 1, 1989, renumbered this section, which formerly was 61-6-24 NMSA 1978, and substituted "triennial renewal" for "annual registration" in both sentences and "the Medical Practice Act" for "Sections 67-5-1 through 67-5-23 NMSA 1978" in the second sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 19, § 29 repealed 61-6-29 NMSA 1978, relating to publication and distribution of lists of registrants, effective June 20, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-31.1 - Board of medical examiners [New Mexico medical board] fund; authorized use.

Pursuant to Subsection D of Section 61-6-31 NMSA 1978, the board shall authorize expenditures from unexpended and unencumbered cash balances in the board of medical examiners [New Mexico medical board] fund to support an information technology project manager to develop, implement and maintain a web site portal for licensure and a central database for credentialing of health care providers.
History:
1978 Comp., § 61-6-31.1, enacted by Laws 2003, ch. 235, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 2003, ch. 235 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-32 - Termination of suspension of license for mental illness; restoration; terms and conditions.

A. A suspension under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978 may, in the discretion of the board, be terminated, but the suspension shall continue and the board shall not restore to the former practitioner the privilege to practice medicine in this state until:
(1) the board receives competent evidence that the former practitioner is not mentally ill; and
(2) the board is satisfied, in the exercise of its discretion and with due regard for the public interest, that the practitioner's former privilege to practice medicine may be safely restored.
B. If the board, in the exercise of its discretion, determines that the practitioner's former privilege to practice medicine may be safely restored, it may restore the privilege upon whatever terms and conditions it deems advisable. If the practitioner fails, refuses or neglects to abide by the terms and conditions, the practitioner's license to practice medicine may, in the discretion of the board, be again suspended indefinitely.
History:
1953 Comp., § 67-5-26, enacted by Laws 1961, ch. 130, § 3; 1978 Comp., § 61-6-31, recompiled as § 61-6-32 by Laws 1989, ch. 269, § 28; 2021, ch. 54, § 45.
ANNOTATIONS
Recompilations.
— Laws 1989, ch. 269, § 31 recompiled former 61-6-32 NMSA 1978, relating to termination of agency life, as 61-6-35 NMSA 1978, effective July 1, 1989.
Laws 2014, ch. 44, § 1 repealed 61-6-35 NMSA 1978 effective May 21, 2014.
The 2021 amendment,
effective June 18, 2021, removed "surgery" from the provisions of the section; in Subsection A, after "practice medicine", deleted "and surgery", and in Paragraph A(2), after "privilege to practice medicine", deleted "and surgery".
The 1989 amendment,
effective July 1, 1989, renumbered this section, which formerly was 61-6-31 NMSA 1978; added the catchline; designated the formerly undesignated introductory paragraph as Subsection A, substituting therein "under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978" for "under Section 1 of this act"; redesignated former Subsections A and B as present Subsections A(1) and A(2), respectively, and former Subsection C as present Subsection B, deleting "and surgery" following "medicine" in both sentences therein; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 52.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-33 - Licensure status.

Upon a verified written request, a licensee may request that the license be put in retirement, inactive or voluntary lapsed status. Upon request for reinstatement of active status, the board may impose conditions as provided in Section 61-6-30 NMSA 1978.
History:
1978 Comp., § 61-6-33, enacted by Laws 1989, ch. 269, § 29; 2001, ch. 96, § 9; 2003, ch. 19, § 27.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "a licensee may request that the" for "any practitioner licensed under the Medical Practice Act may request his" near the beginning, and inserted "inactive" preceding "or voluntary lapsed".
The 2001 amendment,
effective April 2, 2001, substituted "61-6-30 NMSA 1978" for "61-6-29 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-34 - Protected actions; communication.

A. No current or former member of the board, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the board shall bear liability or be subject to civil damages or criminal prosecutions for any action or omission undertaken or performed within the scope of the board's duties.
B. All written and oral communications made by any person to the board relating to actual and potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except to the extent necessary to carry out the board's purposes or in a judicial appeal from the board's actions.
C. No person or legal entity providing information to the board, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.
History:
1978 Comp., § 61-6-34, enacted by Laws 1989, ch. 269, § 30; 1994, ch. 80, § 12.
ANNOTATIONS
The 1994 amendment,
effective May 18, 1994, added "current or former," added language beginning with "officer" and ending with "served the board," added "or omission," and substituted "scope of the board's duties" for "proper functions of the board" in Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-35 - Repealed.

History:
1978 Comp., § 61-6-32, enacted by Laws 1979, ch. 40, § 2; 1981, ch. 241, § 20; 1985, ch. 87, § 5; 1978 Comp., § 61-6-32, recompiled as § 61-6-35 by Laws 1989, ch. 269, § 31; 1991, ch. 189, § 10; 1997, ch. 46, § 6; 2003, ch. 428, § 5; 2008, ch. 55, § 3; repealed by Laws 2014, ch. 44, § 1.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 44, § 1 repealed 61-6-35 NMSA 1978, as enacted by Laws 1979, ch. 40, § 2, relating to the delayed repeal of the Medical Practice Act, effective May 21, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6A - Genetic Counseling Act › Section 61-6A-1 - Short title.

Sections 1 through 10 [61-6A-1 to 61-6A-10 NMSA 1978] of this act may be cited as the "Genetic Counseling Act".
History:
Laws 2008, ch. 53, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 53 § 14 made the Genetic Counseling Act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6A - Genetic Counseling Act › Section 61-6A-2 - Findings and purpose.

A. The legislature finds that the mapping of the human genome continues to result in the rapid expansion of genetic knowledge and a proliferation of testing for genetic conditions. This has created a need for qualified professional genetic counselors to coordinate assessments, to deliver accurate information to families, to assist families in adjusting to the implications of their diagnoses and to help ensure that genetic information is used appropriately in the delivery of medical care.
B. The purpose of the Genetic Counseling Act is to protect the public from the unprofessional, improper, incompetent and unlawful practice of genetic counseling.
History:
Laws 2008, ch. 53, § 2.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 53 § 14 made the Genetic Counseling Act effective July 1, 2009.