reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6A - Genetic Counseling Act › Section 61-6A-3 - Definitions.

As used in the Genetic Counseling Act:
A. "ABGC" means the American board of genetic counseling, a national agency for certification and recertification of genetic counselors, or its successor agency;
B. "ABMG" means the American board of medical genetics, a national agency for certification and recertification of genetic counselors and geneticists with medical or other doctoral degrees, or its successor agency;
C. "board" means the New Mexico medical board;
D. "genetic counseling" means a communication process that may include:
(1) estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition or congenital abnormality. "Genetic counseling" may involve:
(a) obtaining and analyzing the complete health history of an individual and family members;
(b) reviewing pertinent medical records;
(c) evaluating the risks from exposure to possible mutagens or teratogens; and
(d) determining appropriate genetic testing or other evaluations to diagnose a condition or determine the carrier status of one or more family members;
(2) helping an individual, family or health care provider to:
(a) appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options;
(b) learn how genetic factors contribute to a disorder and affect the chance for occurrence of the disorder in other family members;
(c) understand available options for coping with, preventing or reducing the chance of occurrence or recurrence of a disorder;
(d) select the most appropriate, accurate and cost-effective methods of diagnosis; and
(e) understand genetic or prenatal tests, coordinate testing for inherited disorders and interpret complex genetic test results; and
(3) facilitating an individual's or family's:
(a) exploration of the perception of risk and burden associated with a genetic disorder; and
(b) adjustment and adaptation to a disorder or the individual's or family's genetic risk by addressing needs for psychological, social and medical support; and
E. "genetic counselor" means a person licensed pursuant to the Genetic Counseling Act to engage in the practice of genetic counseling.
History:
Laws 2008, ch. 53, § 3.
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-4 - License required.

Unless licensed as a genetic counselor pursuant to the Genetic Counseling Act, a person shall not:
A. engage in the practice of genetic counseling;
B. use the title or make any representation as being a licensed genetic counselor or use any other title, abbreviation, letters, figures, signs or devices that indicate or imply that the person is licensed to practice as a genetic counselor, including a genetic associate, gene counselor or genetic consultant; or
C. advertise, hold out to the public or represent in any manner that the person is authorized to practice genetic counseling.
History:
Laws 2008, ch. 53, § 4.
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-5 - Exemptions.

A. Nothing in the Genetic Counseling Act is intended to limit, interfere with or prevent a licensed health care professional from practicing within the scope of the professional license of that health care professional; however, a licensed health care professional shall not advertise to the public or any private group or business by using any title or description of services that includes the term "genetic counseling" unless the health care professional is licensed under the Genetic Counseling Act.
B. The Genetic Counseling Act shall not apply to or affect:
(1) a medical physician or an osteopathic physician licensed under the Medical Practice Act [Chapter 61, Article 6 NMSA 1978]; or
(2) a commissioned physician or surgeon serving in the armed forces of the United States or a federal agency.
History:
Laws 2008, ch. 53, § 5; 2021, ch. 54, § 46.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed osteopathic physicians licensed by the board of osteopathic medical examiners from the list of physicians to which the Genetic Counseling Act does not apply; and in Subsection B, deleted former Paragraph B(3).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6A - Genetic Counseling Act › Section 61-6A-6 - Requirements for licensing.

The board shall grant a license to practice genetic counseling to a person who has:
A. submitted to the board:
(1) a completed application for licensing on the form provided by the board;
(2) required documentation as determined by the board;
(3) the required fees;
(4) an affidavit stating that the applicant has not been found guilty of unprofessional conduct or incompetence;
(5) satisfactory documentation of having earned:
(a) a master's degree from a genetic counseling training program that is accredited by the ABGC, or an equivalent as determined by the board; or
(b) a doctoral degree from a medical genetics training program that is accredited by the ABMG, or an equivalent as determined by the board; and
(6) proof that the applicant is ABGC- or ABMG-certified; and
B. complied with any other requirements of the board.
History:
Laws 2008, ch. 53, § 6.
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-7 - License renewal.

A. A licensee shall renew the licensee's genetic counseling license biennially by submitting prior to the date established by the board:
(1) the completed application for license renewal on the form provided by the board; and
(2) the required fee for annual license renewal.
B. The board may require proof of continuing education or other proof of competence as a requirement for renewal.
C. A sixty-day grace period shall be allowed a licensee after the end of the licensing period, during which time the license may be renewed by submitting:
(1) the completed application for license renewal on the form provided by the board;
(2) the required fee for annual license renewal; and
(3) the required late fee.
D. A genetic counselor's license not renewed at the end of the grace period shall be considered expired, and the licensee shall not be eligible to practice within the state. For reinstatement of an expired license within one year of the date of renewal, the board shall establish requirements or fees that are in addition to the fee for annual license renewal and may require the former licensee to reapply as a new applicant.
History:
Laws 2008, ch. 53, § 7.
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-8 - Temporary license.

A. The board may issue a temporary license to an applicant who has met all licensure requirements except the examination requirement. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied. The temporary license automatically expires if the applicant fails to take the next scheduled examination, or upon release of official examination results if the applicant fails the examination.
B. The board may issue a temporary license to a person licensed in another state or country who:
(1) is in New Mexico temporarily to teach or assist a New Mexico resident licensed to practice genetic counseling; or
(2) met the requirements for licensure in that state, which were equal to or greater than the requirements for licensure in New Mexico at the time the license was obtained in the other state.
C. The board shall not issue a temporary license to a person who qualifies for the temporary license under Subsection A of this section more than two consecutive times within the five-year period immediately following the issuance of the first temporary license.
D. A person practicing genetic counseling under a temporary license shall be supervised by a licensed genetic counselor or physician.
History:
Laws 2008, ch. 53, § 8.
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-9 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable administrative and licensing fees, but an individual fee shall not exceed four hundred dollars ($400).
History:
Laws 2008, ch. 53, § 9; 2020, ch. 6, § 17.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6A - Genetic Counseling Act › Section 61-6A-10 - Criminal Offender Employment Act.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Genetic Counseling Act.
History:
Laws 2008, ch. 53, § 10.
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 6B - Polysomnography Practice Act › Section 61-6B-1 - Short title.

Sections 1 through 10 [61-6B-1 to 61-6B-10 NMSA 1978] of this act may be cited as the "Polysomnography Practice Act".
History:
Laws 2008, ch. 54, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 54, § 15 made the Polysomnography Practice Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6B - Polysomnography Practice Act › Section 61-6B-3 - License required; exceptions; practice limitations; applicability.

A. On and after July 1, 2010, a person who is engaged in the practice of polysomnography must have a valid polysomnographic technologist license issued by the board. It shall be unlawful for a person to engage in the practice of polysomnography after that date unless the person has a valid polysomnographic technologist license issued by the board.
B. Prior to July 1, 2010, any person who is engaged in the practice of polysomnography without being licensed under the Polysomnography Practice Act shall not be deemed to be in violation of that act.
History:
Laws 2008, ch. 54, § 3.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 54, § 15 made the act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6B - Polysomnography Practice Act › Section 61-6B-6 - License renewal.

A. A licensee shall renew the licensee's polysomnographic technologist's license biennially by submitting prior to the date established by the board:
(1) the completed application for license renewal on the form provided by the board; and
(2) the required fee for biennial license renewal.
B. The board may require proof of continuing education or other proof of competence as a requirement for renewal.
C. A sixty-day grace period shall be allowed a licensee after the end of the licensing period, during which time the license may be renewed by submitting:
(1) the completed application for license renewal on the form provided by the board;
(2) the required fee for biennial license renewal; and
(3) the required late fee.
D. A polysomnographic technologist's license not renewed at the end of the grace period shall be considered expired, and the licensee shall not be eligible to practice within the state. For reinstatement of an expired license within one year of the date of renewal, the board shall establish requirements or fees that are in addition to the fee for biennial license renewal and may require the former licensee to reapply as a new applicant.
History:
Laws 2008, ch. 54, § 6.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 54, § 15 made the Polysomnography Practice Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6B - Polysomnography Practice Act › Section 61-6B-7 - License; contents; display; fees.

A. A license issued by the board shall contain the name of the person to whom it is issued, the date and number of the license and other information the board may require.
B. The most recent address contained in the board's records for each licensee is the address deemed sufficient for purposes of service of process and correspondence and notice from the board. Any licensee whose address changes shall, within thirty days of the change, notify the board of the address change.
C. A licensee who wishes to retire from the practice of polysomnography shall file with the board an affidavit, in a form to be furnished by the board, stating the date on which the person retired from practice and other information the board may require. If that person wishes to reenter the practice of polysomnography, the person shall meet requirements established by the board for license renewal.
D. A licensee shall display the license in the office or place in which the licensee practices in a location clearly visible to patients.
E. Except as provided in Section 61-1-34 NMSA 1978, the board shall establish license and administrative fees, but no individual fee shall exceed five hundred dollars ($500).
History:
Laws 2008, ch. 54, § 7; 2020, ch. 6, § 19.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection E, added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6B - Polysomnography Practice Act › Section 61-6B-8 - Committee; creation; organization; per diem and mileage; removal.

A. The "polysomnography practice advisory committee" is created to advise the board on all matters related to the Polysomnography Practice Act. The board shall provide administrative and financial support to the committee.
B. The committee shall have five members, who are residents of New Mexico, appointed by the board as follows:
(1) two members who are credentialed by the board of registered polysomnographic technologists; provided that when the New Mexico medical board begins issuing licenses, this category of committee members shall be three licensed polysomnographic technologists, with the then-sitting members in this category being given a reasonable amount of time to become licensed;
(2) one licensed physician who is certified in sleep medicine by a national certifying body recognized by the American academy of sleep medicine;
(3) one person whose background is at the discretion of the board; and
(4) one member of the public who is not economically or professionally associated with the health care field.
C. Term-length conditions for appointments to the committee are:
(1) for initial appointments, two members each for four-year, three-year and two-year terms and one member for a one-year term;
(2) for regular appointments after the initial appointments, four-year terms;
(3) for a vacancy appointment, the balance of the term; and
(4) for any one member, no more than two terms, including an initial appointment term; provided that a member shall continue to serve on the committee until a replacement is appointed.
D. The committee shall elect annually a chairperson and other officers as the committee determines to be necessary.
E. The committee shall meet at least twice per calendar year and otherwise as often as necessary to conduct business, with four members constituting a quorum and meetings subject to the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
F. Members of the committee shall be reimbursed as nonsalaried public officers pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and members shall receive no other compensation, perquisite or allowance for their service on the committee.
G. The board may remove from office a member of the committee for neglect of duties required by the Polysomnography Practice Act, malfeasance in office, incompetence or unprofessional conduct.
History:
Laws 2008, ch. 54, § 8.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 54, § 15 made the Polysomnography Practice Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6B - Polysomnography Practice Act › Section 61-6B-9 - Board; committee; powers and duties.

A. The board, with the advice of the committee, shall have powers regarding licensing of polysomnographic technologists, temporary permitting of polysomnographic technicians, approval of polysomnography curricula, approval of degree programs in polysomnography and any other matters that are necessary to ensure the training and licensing of competent polysomnographic technologists.
B. The board, with the advice of the committee, shall hold hearings and adopt rules regarding:
(1) the licensing of polysomnographic technologists, the practice of polysomnography and the minimum qualifications and hours of clinical experience and standards of care required for being licensed as a polysomnographic technologist;
(2) criteria for continuing education requirements;
(3) the manner in which records of examinations and treatments shall be kept and maintained;
(4) professional conduct, ethics and responsibility;
(5) disciplinary actions, including the denial, suspension or revocation of or the imposition of restrictions or conditions on a license, and the circumstances that require disciplinary action;
(6) a means to provide information to all polysomnographic technologists licensed in the state;
(7) the inspection of the business premises of a licensee when the board determines that an inspection is necessary;
(8) the investigation of complaints against licensees or persons holding themselves out as engaging in the practice of polysomnography in the state;
(9) the publication of information for the public about licensees and the practice of polysomnography in the state;
(10) an orderly process for reinstatement of a license;
(11) criteria for acceptance of polysomnography credentials or licenses issued in other jurisdictions;
(12) criteria for advertising or promotional materials; and
(13) any matter necessary to implement the Polysomnography Practice Act.
History:
Laws 2008, ch. 54, § 9.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 54, § 15 made the Polysomnography Practice Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6B - Polysomnography Practice Act › Section 61-6B-10 - Offenses; criminal penalties.

A person who engages in the practice of polysomnography without a license is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2008, ch. 54, § 10.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 54, § 15 made the Polysomnography Practice Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6C - Physician Assistants › Section 61-6C-1 - Short title.

Chapter 61, Article 6C NMSA 1978 may be cited as the "Physician Assistant Act"."
History:
1978 Comp., § 61-6C-1, enacted by Laws 2022, ch. 39, § 29.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6C - Physician Assistants › Section 61-6C-2 - Definitions.

As used in the Physician Assistant Act:
A. "administer" means to apply a prepackaged drug directly to the body of a patient by any means;
B. "board" means the New Mexico medical board;
C. "dispense" means to deliver a drug directly to a patient and includes the compounding, labeling and repackaging of a drug from a bulk or original container;
D. "distribute" means to administer or supply directly to a patient under the direct care of the distributing physician assistant one or more doses of drugs prepackaged by a licensed pharmacist and excludes the compounding or repackaging from a bulk or original container;
E. "licensed physician" means a medical or osteopathic physician; and
F. "prescribe" means to issue an order individually for the person for whom prescribed, either directly from the prescriber to the pharmacist or indirectly by means of a written order signed by the prescriber, bearing the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name of the drug prescribed, directions for use and the date of issue.
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.
The 2022 amendment,
effective May 18, 2022, defined "board" and "licensed physician", as used in the Physician Assistant Act; added a new Subsection B and redesignated former Subsections B and C as Subsections C and D, respectively; and added Subsection E and redesignated former Subsection D as Subsection F.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6C - Physician Assistants › Section 61-6C-3 - Licensure as a physician assistant; scope of practice; biennial registration of supervision; license renewal; fees.

A. The board may license as a physician assistant a qualified person who has graduated from a physician assistant program accredited by the national accrediting body as established by rule of the board in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and has passed a physician assistant national certifying examination as established by rule. The board may also license as a physician assistant a person who passed the physician assistant national certifying examination administered by the national commission on certification of physician assistants prior to 1986.
B. A person shall not perform, attempt to perform or hold the person's own self out as a physician assistant without first applying for and obtaining a license from the board.
C. Physician assistants may prescribe, administer, dispense and distribute dangerous drugs other than controlled substances in Schedule I of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] pursuant to rules adopted by the board after consultation with the board of pharmacy if the prescribing, administering, dispensing and distributing are done with the supervision of a licensed physician or in collaboration with a licensed physician. The distribution process shall comply with state laws concerning prescription packaging, labeling and recordkeeping requirements.
D. A physician assistant shall perform only the acts and duties that are within the physician assistant's scope of practice.
E. An applicant for licensure as a physician assistant shall complete application forms supplied by the board and shall pay a licensing fee as provided in Section 61-6-19 NMSA 1978.
F. A physician assistant shall biennially submit proof of current certification by the national commission on certification of physician assistants or another certifying agency designated by the board and shall renew the license and registration of supervision of the physician assistant with the board.
G. A physician assistant shall not practice medicine until the physician assistant has established a supervising or collaborating relationship with a licensed physician in accordance with rules promulgated by the board.
H. Each biennial renewal of licensure shall be accompanied by a fee as provided in Section 61-6-19 NMSA 1978.
History:
1978 Comp., § 61-6C-3, enacted by Laws 2022, ch. 39, § 31.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6C - Physician Assistants › Section 61-6C-4 - Physician assistant; inactive license.

A. A physician assistant license shall expire every two years on a date established by the board.
B. A physician assistant who notifies the board in writing on forms prescribed by the board may elect to place the physician assistant's license on an inactive status. A physician assistant with an inactive license shall be excused from payment of renewal fees and shall not practice as a physician assistant.
C. A physician assistant who engages in practice while the physician assistant's license is lapsed or on inactive status is practicing without a license, and this is grounds for discipline pursuant to the Physician Assistant Act and Medical Practice Act [Chapter 61, Article 6 NMSA 1978] in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
D. A physician assistant requesting restoration from inactive status shall pay the current renewal fee and fulfill the requirement for renewal pursuant to the Physician Assistant Act and the Medical Practice Act.
E. The board may, in its discretion, summarily suspend for nonpayment of fees the license of a physician assistant who has not renewed the physician assistant's license within ninety days of expiration.
F. A physician assistant who has not submitted an application for renewal on or before the license expiration date, but who has submitted an application for renewal within forty-five days after the license expiration date, shall be assessed a late fee.
G. A physician assistant who has not submitted an application for renewal between forty-six and ninety days after the expiration date shall be assessed a late fee.
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.
The 2022 amendment,
effective May 18, 2022, clarified that it is grounds for discipline pursuant to the Physician Assistant Act and Medical Practice Act in accordance with the Uniform Licensing Act for a physician assistant to engage in practice while the physician assistant's license is lapsed or on inactive status; in the section heading, added "Physician assistant"; and in Subsection C, after "Medical Practice Act", added "in accordance with the Uniform Licensing Act".
The 2021 amendment,
effective June 18, 2021, included the Medical Practice Act within the provisions of the section, placing physician assistant licensees under the governance of the Medical Malpractice Act; and after "Physician Assistant Act", added "and Medical Practice Act" throughout.
The 2003 amendment,
effective June 20, 2003, inserted present Subsection A and redesignated former Subsections A to C as Subsections B to D; and added Subsections E to G.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6C - Physician Assistants › Section 61-6C-5 - Exemption from licensure.

A. A physician assistant student enrolled in a physician assistant or surgeon assistant educational program accredited by the committee on allied health education and accreditation or by its successor shall be exempt from licensure while functioning as a physician assistant student.
B. A physician assistant employed by the federal government while performing duties incident to that employment is not required to be licensed as a physician assistant.
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 6C - Physician Assistants › Section 61-6C-6 - Physician assistant collaboration with licensed physicians; scope of practice; medical malpractice insurance.

A. A physician assistant may perform the acts and duties that are within the physician assistant's scope of practice in collaboration with a licensed physician, if the physician assistant has:
(1) completed three years of clinical practice as a physician assistant with the supervision of a licensed physician; and
(2) complied with rules adopted by the board establishing qualifications for when a physician assistant may engage in the practice of medicine in collaboration with a licensed physician.
B. A physician assistant practicing in collaboration with a licensed physician shall, at a minimum, maintain a policy of malpractice liability insurance that will qualify the physician assistant under the provisions of the Medical Malpractice Act [Chapter 41, Article 5 NMSA 1978].
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 6D - Anesthesiologist Assistants › Section 61-6D-1 - Short title.

Chapter 61, Article 6D NMSA 1978 may be cited as the "Anesthesiologist Assistants Act".
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.
Cross references.
— For practice of certified registered nurse anesthetist,
see
61-3-23.3 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, changed "This act" to "Chapter 61, Article 6D NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-2 - Definitions.

As used in the Anesthesiologist Assistants Act:
A. "anesthesiologist" means a physician licensed to practice medicine in New Mexico who has successfully completed an accredited anesthesiology graduate medical education program, who is board certified by the American board of anesthesiology or the American osteopathic board of anesthesiology or is board eligible and who has completed a residency in anesthesiology within the last three years or who has foreign certification determined by the board to be the substantial equivalent;
B. "anesthesiologist assistant" means a skilled person licensed by the board as being qualified by academic and practical training to assist an anesthesiologist in developing and implementing anesthesia care plans for patients under the supervision and direction of the anesthesiologist who is responsible for the performance of that anesthesiologist assistant;
C. "applicant" means a person who is applying to the board for a license as an anesthesiologist assistant;
D. "board" means the New Mexico medical board; and
E. "license" means an authorization to practice as an anesthesiologist assistant.
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.
The 2021 amendment,
effective June 18, 2021, revised the definition of "anesthesiologist" to include certification by the American osteopathic board of anesthesiology within the list of required qualifications; and in Subsection A, after "American board of anesthesiology", added "or the American osteopathic board of anesthesiology".
The 2015 amendment,
effective July 1, 2015, expanded the definitions of "anesthesiologist" and "anesthesiologist assistant" as used in the Anesthesiologist Assistants Act; in Subsection A, after "equivalent", deleted "and who is an employee of the department of anesthesiology of a medical school in New Mexico"; and in Subsection B, after "person", deleted "employed or to be employed by a university in New Mexico with a medical school certified" and added "licensed".
The 2003 amendment,
effective June 20, 2003, inserted "or who has foreign certification determined by the board to be the substantial equivalent" following "last three years" near the end of Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-2 - Definitions. (Effective July 1, 2025.)

As used in the Anesthesiologist Assistants Act:
A. "anesthesiologist" means a physician licensed to practice medicine in New Mexico who has successfully completed an accredited anesthesiology graduate medical education program, who is board certified by the American board of anesthesiology, the American osteopathic board of anesthesiology or is board eligible, who has completed a residency in anesthesiology within the last three years or who has foreign certification determined by the board to be the substantial equivalent and who is an employee of the department of anesthesiology of a medical school in New Mexico;
B. "anesthesiologist assistant" means a skilled person licensed by the board as being qualified by academic and practical training to assist an anesthesiologist in developing and implementing anesthesia care plans for patients under the supervision and direction of the anesthesiologist who is responsible for the performance of that anesthesiologist assistant;
C. "applicant" means a person who is applying to the board for a license as an anesthesiologist assistant;
D. "board" means the New Mexico medical board; and
E. "license" means an authorization to practice as an anesthesiologist assistant.
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, § 24; 1978 Comp., § 61-6-10.2 recompiled as § 61-6D-2 by Laws 2022, ch. 39, § 105; 2023, ch. 91, § 1.
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.
Repeals and reenactments.
— Laws 2015, ch. 52, § 4 repealed former 61-6-10.2 [61-6D-2] NMSA 1978, and enacted a new section, effective July 1, 2025.
The 2023 amendment,
effective June 16, 2023, revised the definition of "anesthesiologist assistant"; and in Subsection B, after "skilled person", deleted "employed or to be employed by a university in New Mexico with a medical school".
The 2021 amendment,
revised the definition of "anesthesiologist" to include certification by the American osteopathic board of anesthesiology within the list of required qualifications; and in Subsection A, after "American board of anesthesiology", added "the American osteopathic board of anesthesiology".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-4 - Annual registration of employment; employment change.

A. Upon becoming licensed, the board shall register the anesthesiologist assistant on the anesthesiologist assistants' roster, including his name, address and other board-required information and the anesthesiologist assistant's supervising anesthesiologist's name and address.
B. Annually, each anesthesiologist assistant shall register with the board, providing the anesthesiologist assistant's current name and address, the name and address of the supervising anesthesiologist for whom he is working and any additional information required by the board. Failure to register annually will result in the anesthesiologist assistant being required to pay a late fee or having his license placed on inactive status.
C. Every two years, each licensed anesthesiologist assistant in the state shall submit proof of completion of board-required continuing education to the board.
D. The registration of an anesthesiologist assistant shall be void upon changing his supervising anesthesiologist, until the anesthesiologist assistant registers a new supervising anesthesiologist with the board, accompanied by a change in supervision fee, in an amount to be determined by the board.
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 6D - Anesthesiologist Assistants › Section 61-6D-5 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the following fees shall be submitted as appropriate to the board:
A. an application fee, not to exceed one hundred fifty dollars ($150);
B. a license renewal fee, not to exceed one hundred dollars ($100) paid once every two years upon application for renewal of an anesthesiologist assistant's license;
C. a late fee not to exceed twenty-five dollars ($25.00), if the anesthesiologist assistant fails to renew the license by July 1 of the renewal year; and
D. a change in supervision fee, not to exceed fifty dollars ($50.00), but in no case shall the change in supervision fee exceed one-half of the license renewal fee.
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.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-6 - Inactive license.

A. An anesthesiologist assistant who notifies the board in writing on forms prescribed by the board may elect to place the anesthesiologist assistant's license on inactive status. An anesthesiologist assistant with an inactive license shall be excused from payment of renewal fees and shall not practice as an anesthesiologist assistant.
B. An anesthesiologist assistant who engages in practice while the anesthesiologist assistant's license is lapsed or on inactive status is practicing without a license and is subject to disciplinary action pursuant to the Anesthesiologist Assistants Act and Medical Practice Act [Chapter 61, Article 6 NMSA 1978].
C. An anesthesiologist assistant requesting restoration from inactive status shall pay the current renewal fee and fulfill the requirement for renewal pursuant to the Anesthesiologist Assistants Act.
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.
The 2021 amendment,
effective June 18, 2021, included the Medical Practice Act within the provisions of the section; and in Subsection B, after "Anesthesiologist Assistants Act", added "and Medical Practice Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-7 - Exemption from licensure.

A. An anesthesiologist assistant student enrolled in an anesthesiologist assistant educational program accredited by the commission on accreditation of allied health education programs or its successor is exempt from licensure while functioning as an anesthesiologist assistant student; provided that the anesthesiologist assistant student is supervised by an anesthesiologist, a licensed anesthesiologist assistant or a second-year, third-year or fourth-year resident anesthesiologist.
B. An anesthesiologist assistant employed by the federal government is not required to be licensed as an anesthesiologist assistant pursuant to the Anesthesiologist Assistants Act while performing duties incident to that employment.
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.
The 2013 amendment,
effective July 1, 2013, provided for additional supervision of anesthesiologist assistant students; and in Subsection A, after "functioning as an anesthesiologist assistant student", deleted "If the student is providing anesthesia, the student shall be supervised on a one-to-one basis by an anesthesiologist who is continuously present in the operating room" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-9 - Supervising anesthesiologist; responsibilities.

A. Supervising anesthesiologists shall be licensed to practice pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] and shall be approved by the board.
B. The anesthesiologist actually supervising the licensed anesthesiologist assistant at the time is individually responsible and liable for the acts and omissions that the anesthesiologist assistant performs in the scope of his duties. Nothing in the Anesthesiologist Assistants Act relieves a supervising anesthesiologist of the responsibility and liability of his own acts or omissions.
C. An anesthesiologist may have that number of anesthesiologist assistants under his supervision as permitted by the board.
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 6D - Anesthesiologist Assistants › Section 61-6D-10 - Anesthesiologist assistants; employment conditions.

An anesthesiologist assistant shall:
A. be a current or future employee of a university in New Mexico with a medical school; or
B. in a practice other than one at a university in New Mexico with a medical school:
(1) be certified as an anesthesiologist assistant by the national commission for certification of anesthesiologist assistants;
(2) practice only in a health facility licensed by the department of health where anesthesiologists who are licensed physicians and who are board-certified as anesthesiologists by the American board of anesthesiology are on staff as employees or contractors;
(3) practice only in a class A county; and
(4) be supervised by a licensed anesthesiologist who is physically present at all times in the health facility while supervising an anesthesiologist assistant.
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; 2023, ch. 91, § 3.
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.
Repeals.
— Laws 2023, ch. 91, § 4 repealed Laws 2015, ch. 52, § 5, which would have repealed Laws 2015, ch. 52, § 3, effective July 1, 2025.
The 2023 amendment,
effective June 16, 2023, revised employment conditions for anesthesiologist assistants; and in Subsection B, Paragraph B(2), after "health where", deleted "at the time the anesthesiologist assistant begins practicing there, at least three", and in Paragraph B(4), after "by", added "a licensed", and after "who is", deleted "a licensed physician; and who is board-certified as an anesthesiologist by the American board of anesthesiology" and added "physically present at all times in the health facility while supervising an anesthesiologist assistant".
The 2021 amendment,
effective June 18, 2021, changed each occurrence of "medical doctor" to "licensed physician".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-1 - Short title.

Chapter 61, Article 7 NMSA 1978 may be cited as the "Impaired Health Care Provider Act".
History:
1953 Comp., § 67-42-1, enacted by Laws 1976, ch. 3, § 1; recompiled as 1953 Comp., § 67-8A-1; 1995, ch. 96, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, rewrote this section which read "This act may be cited as the 'Impaired Physician Act'".
Law reviews.
— For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-2 - Definition.

As used in the Impaired Health Care Provider Act, "board" means a board or department that licenses, registers or certifies health care providers.
History:
1953 Comp., § 67-42-2, enacted by Laws 1976, ch. 3, § 2; recompiled as 1953 Comp., § 67-8A-2; 1995, ch. 96, § 2; 2001, ch. 188, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "a board or department" for "the boards" and "licenses, registers or certifies" for "license, register or certify".
The 1995 amendment,
effective June 16, 1995, rewrote this section which read "As used in the Impaired Physician Act, 'board' means the board of medical examiners or the board of osteopathic medical examiners".