reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-3 - Grounds for restriction, suspension or revocation of license; registration or certification.

The license, registration or certification of any health care provider to practice in this state shall be subject to restriction, suspension or revocation in case of inability of the health care provider to practice with reasonable skill or safety to patients by reason of one or more of the following:
A. mental illness;
B. physical illness, including but not limited to deterioration through the aging process or loss of motor skill; or
C. habitual or excessive use or abuse of drugs, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or alcohol.
History:
1953 Comp., § 67-42-3, enacted by Laws 1976, ch. 3, § 3; recompiled as 1953 Comp., 67-8A-3; 1995, ch. 96, § 3.
ANNOTATIONS
Cross references.
— For refusal, revocation or suspension of license generally,
see
61-6-15 NMSA 1978.
For suspension of license for mental illness,
see
61-6-32 NMSA 1978.
The 1995 amendment,
effective June 16, 1995, inserted "registration or certification" in the section heading and in the introductory paragraph; substituted "health care provider" for "physician" and "licensee" throughout the section; and deleted "medicine" following "practice" in two places.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 80, 90, 100.
Validity of statute providing for revocation of license of physician or surgeon, 5 A.L.R. 94, 79 A.L.R. 323.
Liquor law, violation of, as infamous crime or offense involving moral turpitude for which physician's license may be revoked, 40 A.L.R. 1049, 71 A.L.R. 217.
Grounds for revocation of valid license of physician or surgeon, 54 A.L.R. 1504, 82 A.L.R. 1184.
Conviction as proof of ground for revocation or suspension of license of physician or surgeon where conviction as such is not an independent cause, 167 A.L.R. 228.
Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon, or dentist, 74 A.L.R.4th 969.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 38, 39.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-4 - Health care provider boards; additional powers and duties.

A. If the board has reasonable cause to believe that a health care provider licensed, registered or certified to practice in this state is unable to practice with reasonable skill and safety to patients because of a condition described in Section 61-7-3 NMSA 1978, the board shall appoint an examining committee as described in Subsection B of this section to examine the health care provider and shall, following the examination, take appropriate action within the provisions of the Impaired Health Care Provider Act.
B. The appropriate board shall designate three licensed health care providers to be members of an examining committee.
History:
1953 Comp., § 67-42-4, enacted by Laws 1976, ch. 3, § 4; recompiled as 1953 Comp., § 67-8A-4; 1991, ch. 148, § 5; 1993, ch. 326, § 1; 1995, ch. 96, § 4.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "Health care provider boards" for "New Mexico Board of Medical Examiners; board of osteopathic medical examiners" in the section heading; substituted "health care provider" for "physician" throughout the section; in Subsection A, inserted "registered or certified" near the beginning, deleted "medicine" following "practice" in two places, and made a minor stylistic change; in Subsection B, inserted "appropriate", and deleted a former second sentence which read "The examining committee shall include at least one psychiatrist if a question of mental illness is involved".
The 1993 amendment,
effective June 18, 1993, made stylistic changes near the middle of Subsection A and rewrote the first sentence of Subsection B.
The 1991 amendment,
effective June 14, 1991, added "New Mexico" at the beginning of the section heading; in Subsection A, substituted "Section 61-7-3 NMSA 1978" for "Section 3 of the Impaired Physician Act", substituted "the Impaired Physician Act" for "the Act" at the end of the Subsection and made minor stylistic changes, and rewrote Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure §§ 49 to 86.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-6 - Voluntary restriction of licensure.

A health care provider may request in writing to the board a restriction of the license, registration or certification to practice. The board may grant the request for restriction and shall have authority, if it deems appropriate, to attach conditions to the license, registration or certification of the health care provider to practice within specified limitations and waive the commencement of any proceeding pursuant to provisions of Section 61-7-8 NMSA 1978. Removal of a voluntary restriction on licensure to practice shall be subject to the procedure for reinstatement of license, registration or certification in Section 61-7-9 NMSA 1978.
History:
1953 Comp., § 67-42-6, enacted by Laws 1976, ch. 3, § 6; recompiled as 1953 Comp., § 67-8A-6; 1993, ch. 326, § 3; 1995, ch. 96, § 6.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "health care provider" for "physician" in two places; inserted "registration or certification" in three places; deleted "medicine" following "practice" in two places; and made minor stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 32.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 27.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-7 - Report to the board; action.

A. An examining committee shall report to the board its findings on the examination of the person as provided in Section 61-7-5 NMSA 1978, the determination of the committee as to the fitness of the person to engage in practice with reasonable skill or safety to patients, either on a restricted or unrestricted basis, and any management that the committee may recommend. Recommendation by the committee shall be advisory only and shall not be binding on the board.
B. The board may accept or reject any finding, determination or recommendation of an examining committee regarding a health care provider's ability to continue to practice with or without any restriction on the license, registration or certification or may refer the matter back to an examining committee for further examination and report.
C. In the absence of a voluntary agreement by a health care provider as provided in Section 61-7-6 NMSA 1978 for restriction of the license, registration or certification of the person to practice, any person shall be entitled to a hearing under and in accordance with the procedure contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] before the board and a determination on the evidence as to whether restriction, suspension or revocation of license, registration or certification shall be imposed.
History:
1953 Comp., § 67-42-7, enacted by Laws 1976, ch. 3, § 7; recompiled as 1953 Comp., § 67-8A-7; 1993, ch. 326, § 4; 1995, ch. 96, § 7.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "person" for "physician" throughout the section; deleted "medicine" following "practice" in three places; substituted "health care provider" for "physician" throughout the section; inserted "registration or certification" in Subsection B and in two places in Subsection C; and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, made stylistic changes in Subsections A and C, and rewrote Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure § 60.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-9 - Reinstatement of license.

A health care provider whose license, registration or certification has been restricted, suspended or revoked pursuant to provisions of the Impaired Health Care Provider Act, voluntarily or by action of the board, shall have a right, at reasonable intervals, to petition for reinstatement and to demonstrate that the health care provider can resume the competent practice with reasonable skill and safety to patients. Petition shall be made in writing and on a form prescribed by the board. Action of the board on the petition shall be initiated by referral to and examination by an examining committee pursuant to the provisions of Sections 61-7-4 and 61-7-5 NMSA 1978. The board may, in its discretion and upon written recommendation of the examining committee, restore the license, registration or certification of the health care provider on a general or limited basis.
History:
1953 Comp., § 67-42-9, enacted by Laws 1976, ch. 3, § 9; recompiled as 1953 Comp., § 67-8A-9; 1993, ch. 326, § 6; 1995, ch. 96, § 9.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "health care provider" for "physician" throughout the section; inserted "registration or certification" in two places; and made minor stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 120.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 52.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-10 - Judicial review.

All orders of the board made pursuant to provisions of Subsection C of Section 61-7-8 NMSA 1978 shall be subject to judicial review as provided for in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. The decision of the board shall not be stayed or enjoined pending review by a district court but may be stayed or enjoined pending review by the court of appeals or the New Mexico supreme court.
History:
1953 Comp., § 67-42-10, enacted by Laws 1976, ch. 3, § 10; recompiled as 1953 Comp., § 67-8A-10; 1993, ch. 326, § 7; 1995, ch. 96, § 10.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, in the first sentence, substituted "made pursuant to provisions of" for "under" and made a related stylistic change.
The 1993 amendment,
effective June 18, 1993, made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 117, 118.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 25, 51.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-11 - Protected action and communication.

There shall be no liability on the part of and no action for damages against:
A. any member of an examining committee of the board for any action undertaken or performed by such member within the scope of the functions or such committee or board under the Impaired Health Care Provider Act when acting in good faith and in the reasonable belief that the action taken is warranted; or
B. any person providing information to an examining committee or to the board in good faith in the reasonable belief that the information is accurate.
History:
1953 Comp., § 67-42-11, enacted by Laws 1976, ch. 3, § 11; recompiled as 1953 Comp., § 67-8A-11; 1993, ch. 326, § 8; 1995, ch. 96, § 11.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, rewrote the section which read "There shall be no liability on the part of and no action for damages against any person providing information to the committee or to the board in good faith in the reasonable belief that the information is accurate".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63C Am. Jur. 2d Public Officers and Employees § 301 et seq.
Malice as ground of attack on or relief from acts or regulations of public officers in exercise of discretionary powers, 57 A.L.R. 208.
73 C.J.S. Public Administrative Law and Procedure § 15.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7 - Impaired Health Care Provider › Section 61-7-12 - Impaired health care provider treatment program.

A. The board has the authority to enter into an agreement to implement an impaired health care provider treatment program.
B. For the purposes of this section, "impaired health care provider treatment program" means a program of care and rehabilitation services provided by those organizations authorized by the board to provide for the detection, intervention and monitoring of impaired health care providers.
History:
1978 Comp., § 61-7-12, enacted by Laws 1987, ch. 204, § 2; 1995, ch. 96, § 12.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "health care provider" for "physician" in the section heading and in three places in the text of the section and deleted "with a nonprofit corporation" following "agreement" in Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-1 - Short title. (Repealed effective July 1, 2028.)

Sections 1 through 15 [61-7A-1 to 61-7A-15 NMSA 1978] of this act may be cited as the "Nutrition and Dietetics Practice Act".
History:
Laws 1989, ch. 387, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-2 - Legislative findings; purpose of act. (Repealed effective July 1, 2028.)

A. The legislature finds that the application of scientific knowledge relating to food plays an important part in the treatment of disease and in the attainment and maintenance of health. The legislature further finds that the rendering of dietetics services in institutions and other settings requires trained and competent professionals.
B. The purpose of the Nutrition and Dietetics Practice Act is to safeguard life and health and to promote the public welfare by providing for the licensure and regulation of the persons engaged in the practice of nutrition and dietetics in the state and by providing the consumer a means of identifying those qualified to practice nutrition or dietetics.
History:
Laws 1989, ch. 387, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-3 - Definitions. (Repealed effective July 1, 2028.)

As used in the Nutrition and Dietetics Practice Act:
A. "association" means the American dietetic association;
B. "board" means the nutrition and dietetics practice board;
C. "commission" means the commission on dietetic registration that is a member of the national commission on health certifying agencies, which national commission establishes national standards of competence for individuals participating in the health care delivery system;
D. "dietitian" means a health care professional who engages in nutrition or dietetics practice and uses the title dietitian;
E. "nutrition or dietetics practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services;
F. "nutrition care services" means:
(1) assessment of the nutritional needs of individuals and groups and determining resources and constraints in the practice setting;
(2) establishment of priorities, goals and objectives that meet nutritional needs in a manner consistent with available resources and constraints;
(3) provision of nutrition counseling in health and disease;
(4) development, implementation and management of nutrition care systems; and
(5) evaluation, adjustment and maintenance of appropriate standards of quality in food and nutrition care;
G. "nutritional assessment" means the evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical and dietary data to determine nutrient needs and recommend appropriate nutritional intake, including enteral and parenteral nutrition;
H. "nutrition counseling" means advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
I. "nutrition associate" means a health care professional who engages in nutrition or dietetics practice under the supervision of a dietitian or nutritionist; and
J. "nutritionist" means a health care professional who engages in nutrition or dietetics practice and uses the title nutritionist.
History:
Laws 1989, ch. 387, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-4 - License required; exemptions. (Repealed effective July 1, 2028.)

A. After April 1, 1990, no person shall engage in nutrition or dietetics practice, or use or include the titles or represent himself to be a dietitian, nutritionist or nutrition associate unless he is licensed under the Nutrition and Dietetics Practice Act.
B. Nothing in the Nutrition and Dietetics Practice Act is intended to:
(1) limit, interfere with or prevent any other licensed health care professional from engaging in nutrition and dietetics practice within the limits of his licensure, except that he shall not hold himself out as a dietitian, nutritionist or nutrition associate;
(2) limit, interfere with or prevent employees of state or federal agencies from using the term "dietitian" or "nutritionist" as defined in state or federal personnel qualifications where these terms are used in their job titles, except that the use of these terms shall be limited to the period and practice of their employment with the state or federal agency establishing those qualifications;
(3) prevent an individual who does not hold himself out as a dietitian, nutritionist or nutrition associate from furnishing oral or written nutritional information on food, food materials or dietary supplements or from engaging in the explanation to customers about foods or food products in connection with the marketing and distribution of those products;
(4) prevent any person from providing weight control services provided the program has been reviewed by, consultation is available from and no program change can be initiated without prior approval by a licensed dietitian or licensed nutritionist, a dietitian or nutritionist licensed in another state which has licensure requirements at least as stringent as the requirements for licensure under the Nutrition and Dietetics Practice Act, or a dietitian registered by the commission;
(5) prevent a dietetic technician registered (DTR) from engaging in nutrition or dietetics practice under the supervision of a licensed dietitian or licensed nutritionist;
(6) apply to or affect students of approved or accredited dietetics or nutrition training or education programs who engage in nutrition or dietetics practice under the supervision of a licensed dietitian or licensed nutritionist as a part of their approved or accredited training or education program for the duration of that program; or
(7) interfere with or prevent persons recognized in their communities as curanderos or medicine men from advising or ministering to people according to traditional practices, as long as they do not hold themselves out to be dietitians, nutritionists or nutrition associates.
History:
Laws 1989, ch. 387, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 4, 14, 45 to 46; 39 Am. Jur. 2d Health § 25.
39A C.J.S. Health and Environment §§ 37, 47; 53 C.J.S. Licenses §§ 5, 7, 30, 37 to 40.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-5 - Board created. (Repealed effective July 1, 2028.)

A. There is created the "nutrition and dietetics practice board", administratively attached to the regulation and licensing department. The board shall consist of five members who are New Mexico residents and who are appointed by the governor for staggered three-year terms. Three members shall be licensed dietitians or nutritionists with at least three years of nutrition or dietetics practice in New Mexico and two members shall represent the public. There shall be at least one dietitian and at least one nutritionist on the board at all times. The public members shall not have been licensed as a dietitian or nutritionist or have any financial interest, direct or indirect, in the professions regulated.
B. Each member shall hold office until the expiration of the term for which appointed or until a successor has been appointed. Vacancies shall be filled for the balance of the unexpired term within ninety days of the vacancy by appointment by the governor.
C. No board member shall serve more than two full terms.
D. The board shall elect annually a chairman and such other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the chairman or upon the written request of two or more members of the board. Three members, at least two of whom are professional members and at least one of whom is a public member, shall constitute a quorum. Any member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member.
E. The members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1989, ch. 387, § 5; 1996, ch. 51, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
The 1996 amendment,
effective March 5, 1996, in Subsection A, substituted "five" for "seven" in the second sentence, inserted "licensed" and substituted "two" for "four" in third sentence and rewrote the fourth sentence; deleted former Subsection B relating to initial appointments to the board and redesignated the following subsections accordingly; and in Subsection D, substituted "two" for "three" in the third sentence, substituted "Three" for "Four" and "one" for "two" in the fourth sentence and added the last sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-6 - Board; duties. (Repealed effective July 1, 2028.)

A. The board shall:
(1) develop and administer an appropriate examination for qualified applicants;
(2) evaluate the qualifications of applicants for licensure under the Nutrition and Dietetics Practice Act;
(3) issue licenses to applicants who meet the requirements of the Nutrition and Dietetics Practice Act;
(4) investigate persons engaging in practices that may violate the provisions of the Nutrition and Dietetics Practice Act;
(5) revoke, suspend or deny a license in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978];
(6) adopt an annual budget;
(7) adopt a code of ethics; and
(8) adopt in accordance with the Uniform Licensing Act and file in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules and regulations necessary to carry out the provisions of the Nutrition and Dietetics Practice Act; provided, no rule or regulation may be adopted, amended or repealed except by a vote of three-fifths of the board members.
B. The board may contract with the regulation and licensing department for office space and administrative support.
History:
Laws 1989, ch. 387, § 6; 1996, ch. 51, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
The 1996 amendment,
effective March 5, 1996, in Subsection A, added Paragraph (1) and redesignated the following paragraphs accordingly, and substituted "three-fifths" for "two-thirds" in Paragraph (8).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-7 - Licensure; requirements. (Repealed effective July 1, 2028.)

A. The board shall issue a license as a dietitian to any person who files a completed application, pays all required fees and certifies and furnishes evidence satisfactory to the board that the applicant has a valid current registration with the commission that gives the applicant the right to use the term "registered dietitian" or "R.D.".
B. The board shall issue a license as a nutritionist to any person who files a completed application, pays all required fees and certifies and furnishes evidence satisfactory to the board that the applicant:
(1) has received a master's degree or doctorate in human nutrition, nutrition education, foods and nutrition or public health nutrition from a college or university accredited by a member of the council on post-secondary accreditation; or
(2) maintains membership in one of the following organizations:
(a) the American institute of nutrition;
(b) the American society for clinical nutrition; or
(c) the American board of nutrition; and
(3) has successfully completed any training or educational programs and other requirements set out in the rules and regulations adopted pursuant to the Nutrition and Dietetics Practice Act.
C. Notwithstanding the provisions of Subsections A and B of this section, the board shall issue a license to an applicant who pays all required fees and who successfully passes a state examination, as established in Subsection A of Section 61-7A-6 NMSA 1978.
D. The board shall issue a license as a nutrition associate to any person who files a completed application, pays all required fees and certifies and furnishes evidence satisfactory to the board that the applicant:
(1) has received a baccalaureate or higher degree from a college or university accredited by a member of the council on post-secondary accreditation and fulfilled minimum academic requirements in the field of dietetics and related disciplines as approved by the association; and
(2) works under the supervision of a dietitian or nutritionist. Such supervision shall include a minimum of four hours onsite [on-site] supervision per month plus phone consultation as needed.
E. A valid license issued pursuant to the Nutrition and Dietetics Practice Act shall be displayed at the licensee's place of employment.
F. Licenses, including initial licenses, shall be issued for a period of one year.
History:
Laws 1989, ch. 387, § 7; 1996, ch. 51, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 1996 amendment,
effective March 5, 1996, rewrote Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-8 - Licensure by credentials. (Repealed effective July 1, 2028.)

The board may license an applicant who is licensed as a dietitian, nutritionist or nutrition associate in another state, provided that in the judgment of the board the standards for licensure in that state are not less stringent than those provided for licensure in the Nutrition and Dietetics Practice Act.
History:
Laws 1989, ch. 387, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-9 - Provisional permit. (Repealed effective July 1, 2028.)

A provisional permit to practice as a dietitian or nutritionist may be issued by the board upon the filing of an application and submission of evidence of successful completion of the education requirements. No fee in addition to the application and license fees shall be charged for the issuance of a provisional permit. The permit shall be valid only until the last day of the period for which it is issued or until the provisional permitee's [permittee's] application has been approved and a license issued, whichever is first.
History:
Laws 1989, ch. 387, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-10 - License renewal; continuing education requirements. (Repealed effective July 1, 2028.)

A. Every person licensed under the Nutrition and Dietetics Practice Act shall renew his license annually on or before the expiration date of the initial or renewal license.
B. The board shall issue a renewal license to the licensee upon receipt of the renewal application, the renewal fee and proof satisfactory to the board of compliance with continuing education requirements.
C. Continuing education requirements for licensees shall be established by the board, provided that:
(1) for dietitians, the requirements shall be those established by the commission; and
(2) for nutritionists and nutrition associates, at least seventy-five clock hours, or the equivalent, during a five-year period shall be required to be obtained in increments of fifteen clock hours annually or as otherwise permitted by the board.
D. Any person who allows his license to lapse by failing to renew his license within thirty days of expiration may be reinstated by the board and issued a renewal license upon submission of a renewal application with proof satisfactory to the board of compliance with the continuing education and other requirements of the Nutrition and Dietetics Practice Act and payment of the annual renewal fee and an additional reinstatement fee.
History:
Laws 1989, ch. 387, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53 C.J.S. Licenses § 47.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-11 - Fees. (Repealed effective July 1, 2028.)

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees for applications, licenses and renewal of licenses. Fees shall be established based on processing requirements for each category.
B. The initial application fee shall be set in an amount not to exceed fifty dollars ($50.00).
C. The initial license fee shall be set in an amount not to exceed one hundred fifty dollars ($150).
D. A license renewal fee shall be established in an amount not to exceed seventy-five dollars ($75.00) per year.
E. A license reinstatement fee shall be established in an amount not to exceed fifty dollars ($50.00).
History:
Laws 1989, ch. 387, § 11; 2020, ch. 6, § 20.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
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 in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-12 - Nutrition and dietetics fund created; disposition; method of payment. (Repealed effective July 1, 2028.)

A. There is created in the state treasury the "nutrition and dietetics fund", to be administered by the department under the supervision of the board.
B. All funds received or collected by the board or the department under the Nutrition and Dietetics Practice Act shall be deposited with the state treasurer, who shall place the money to the credit of the nutrition and dietetics fund. No balance in the fund at the end of any fiscal year shall revert to the general fund.
C. Money in the nutrition and dietetics fund is appropriated to the board for the purpose of implementing and administering the provisions of the Nutrition and Dietetics Practice Act.
History:
Laws 1989, ch. 387, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-13 - Denial, suspension, revocation and reinstatement of licenses. (Repealed effective July 1, 2028.)

A. The board may refuse to issue or renew or may deny, suspend or revoke any license held or applied for under the Nutrition and Dietetics Practice Act in accordance with the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] upon grounds that the licensee or applicant:
(1) is guilty of fraud or misrepresentation in the procurement of any license under the Nutrition and Dietetics Practice Act;
(2) is subject to the imposition of any disciplinary action by an agency of another state which regulates dietitians, nutritionists or nutrition associates but not to exceed the period or extent of that action;
(3) is convicted of a crime other than a misdemeanor. The record of conviction or a certified copy of it shall be conclusive evidence of the conviction;
(4) is grossly negligent or incompetent in his practice as a dietitian, nutritionist or nutrition associate;
(5) has failed to fulfill continuing education requirements;
(6) has violated or aided or abetted any person to violate any of the provisions of the Nutrition and Dietetics Practice Act or any rules or regulations duly adopted under that act; or
(7) has engaged in unethical or unprofessional conduct as defined in the code of ethics adopted by the board.
B. One year from the date of revocation of a license under the Nutrition and Dietetics Practice Act, application may be made to the board for restoration of the license. The board shall provide by regulation for the criteria governing application and examination for restoration of a revoked license.
History:
Laws 1989, ch. 387, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 58 to 62.
53 C.J.S. Licenses §§ 50 to 63.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-14 - Penalty; enforcement. (Repealed effective July 1, 2028.)

A. Violation of any provision of the Nutrition and Dietetics Practice Act is a misdemeanor.
B. The department or the board may bring civil action in any district court to enforce any of the provisions of the Nutrition and Dietetics Practice Act.
History:
Laws 1989, ch. 387, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-7A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 7A - Nutrition and Dietetics Practices › Section 61-7A-15 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The nutrition and dietetics practice board is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Nutrition and Dietetics Practice Act until July 1, 2028. Effective July 1, 2028, the Nutrition and Dietetics Practice Act is repealed.
History:
Laws 1989, ch. 387, § 15; 1996, ch. 51, § 4; 1997, ch. 46, § 7; 2005, ch. 208, § 5; 2015, ch. 119, § 5; 2021, ch. 50, § 3.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the nutrition and dietetics practice board, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the nutrition and dietetics practice board to July 1, 2021, and the repeal date to July 1, 2022.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 1997 amendment,
effective June 20, 1997, substituted "2005" for "1997" in the first sentence, and substituted "2006" for "1998" in the second and third sentences.
The 1996 amendment,
effective March 5, 1996, substituted "1997" for "1995" once and "1998" for "1996" twice in the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-1 - Short title.

Chapter 61, Article 8 NMSA 1978 may be cited as the "Podiatry Act".
History:
1953 Comp., § 67-6-1, enacted by Laws 1977, ch. 221, § 1; 1998, ch. 24, § 1.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, substituted "Chapter 61, Article 8 NMSA 1978" for "This act" at the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Podiatry or chiropody statutes: validity, construction, and application, 45 A.L.R.4th 888.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-2 - Definitions.

As used in the Podiatry Act:
A. "board" means the New Mexico medical board;
B. "committee" means the podiatry advisory committee;
C. "foot and ankle radiation technologist" means a person who takes x-rays of the foot and ankle under the supervision of a podiatric physician;
D. "podiatric physician" means a podiatric physician licensed under the Podiatry Act to practice podiatry in New Mexico; and
E. "practice of podiatry" means engaging in that primary health care profession, the members of which examine, diagnose, treat and prevent by medical, surgical and biomechanical means ailments affecting the human foot and ankle and the structures governing their functions, but does not include amputation of the foot or the personal administration of a general anesthetic. A podiatric physician, pursuant to the laws of this state, is defined as a physician and surgeon within the scope of the podiatric physician license.
History:
1953 Comp., § 67-6-2, enacted by Laws 1977, ch. 221, § 2; 1998, ch. 24, § 2; 2023, ch. 141, § 5.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, defined "committee" and "podiatric physician" and revised the definitions of "board" "foot and ankle radiation technologist" and "practice of podiatry"; in Subsection A, after "means the", deleted "board of podiatry" and added "New Mexico medical board"; added a new Subsection B and redesignated former Subsection B as Subsection C; in Subsection C, after "supervision of a", deleted "podiatrist" and added "podiatric physician"; added a new Subsection D and redesignated former Subsection C as Subsection E; and in Subsection E, deleted "podiatrist" and added "podiatric physician", and after "the scope of", deleted "his" and added "the podiatric physician".
The 1998 amendment,
effective July 1, 1998, rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 4.
70 C.J.S. Physicians, and Surgeons, and Other Health-Care Providers § 5.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-3 - License required.

Unless licensed as a podiatric physician pursuant to the provisions of the Podiatry Act or exempted from that act pursuant to Section 61-8-4 NMSA 1978, no person shall practice podiatry.
History:
1953 Comp., § 67-6-3, enacted by Laws 1977, ch. 221, § 3; 1998, ch. 24, § 3; 2023, ch. 141, § 6.
ANNOTATIONS
Cross references.
— For Uniform Licensing Act,
see
61-1-1 NMSA 1978 et seq.
For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
For prohibition against use of fluoroscopic or X-ray machine for shoe-fitting,
see
74-3-14 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, after "Unless licensed as a", deleted "podiatrist" and added "podiatric physician".
The 1998 amendment,
effective July 1, 1998, substituted "pursuant to the provisions of" for "under" and inserted "or exempted from that act pursuant to Section 61-8-4 NMSA 1978" near the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 43.
Practicing medicine, surgery, dentistry, optometry, podiatry or other healing arts without license as a separate or continuing offense, 99 A.L.R.2d 654.
Regulation of chiropody, 45 A.L.R.4th 888.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 12.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-4 - Persons exempted.

The Podiatry Act shall not apply to:
A. gratuitous services rendered in cases of emergency;
B. the domestic administration of family remedies not involving remuneration;
C. medical officers of the United States service in the actual performance of their official duties. The provisions of the Podiatry Act do not conflict with existing laws regulating the practice of the healing arts in this state; and
D. the fitting, recommending or sale of corrective shoes, arch supports or similar mechanical devices by retail dealers or manufacturers, provided that the representatives, agents or employees of such dealers or manufacturers do not diagnose, treat or prescribe mechanically or otherwise for any ailment, disease or deformity of the foot or leg.
History:
1953 Comp., § 67-6-4, enacted by Laws 1977, ch. 221, § 4; 1998, ch. 24, § 4.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, in Subsection C, deleted "nor shall" following "duties" and "shall not" following "Podiatry Act", and rewrote Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 43.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 13.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-4.1 - Criminal offender's character evaluation.

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 under the Podiatry Act.
History:
1978 Comp., § 61-8-4.1, enacted by Laws 1986, ch. 90, § 1.
ANNOTATIONS
Applicability.
— Laws 1986, ch. 90, § 2 made the provisions of Laws 1986, ch. 90, § 1 applicable to applications for licensure pending or submitted after January 1, 1986.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-7 - Repealed.

History:
1953 Comp., § 67-6-7, enacted by Laws 1977, ch. 221, § 7; 1998, ch. 24, § 7; 1978 Comp., § 61-8-7, repealed by Laws 2023, ch. 141, § 19.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 141, § 19 repealed 61-8-7 NMSA 1978, as enacted by Laws 1977, ch. 221, § 7, relating to disposition of funds, podiatry fund created, method of payments, bonds, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-8 - Qualifications for licensure as a podiatric physician.

A. Each applicant for licensure as a podiatric physician shall furnish evidence satisfactory to the board that the applicant:
(1) has reached the age of majority;
(2) has graduated and been awarded a doctor of podiatric medicine degree from a college of podiatric medicine accredited by the American podiatric medical association council on podiatric medical education; and
(3) has completed, at a minimum, a one-year residency program at a hospital accredited by the American podiatric medical association council on education.
B. Each applicant shall file an application under oath on forms supplied by the board and shall pay the required fees.
C. An applicant for licensure by examination shall submit evidence to the board that the applicant has passed the examinations administered by the national board of podiatry examiners for students graduating from colleges of podiatry and shall furnish the board an official transcript and take clinical and written examinations as the board deems necessary. The examinations shall be in English and the subjects covered by the examinations shall be determined by the board and taken from subjects taught in accredited colleges of podiatric medicine. No applicant for licensure by examination shall be licensed who has not received a passing score on all board-approved examinations.
D. A podiatric physician licensed in another state may, on a temporary basis, consult, advise or cooperate in patient treatment with a podiatric physician licensed in New Mexico, subject to rules promulgated by the board.
History:
1953 Comp., § 67-6-8, enacted by Laws 1977, ch. 221, § 8; 1998, ch. 24, § 8; 2022, ch. 39, § 38; 2023, ch. 141, § 9.
ANNOTATIONS
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, changed the title of "podiatrist" to "podiatric physician"; substituted "podiatrist" with "podiatric physician" throughout the section.
The 2022 amendment,
effective May 18, 2022, revised qualifications for licensure as a podiatrist; in Subsection A, deleted Paragraph A(2), which provided "is of good moral character", and redesignated former Paragraphs A(3) and A(4) as Paragraphs A(2) and A(3), respectively; and in Subsection D, after "subject to rules", deleted "adopted and".
The 1998 amendment,
effective July 1, 1998, added the Subsection A designation, redesignated former Subsections A through C as Paragraphs A(1) through A(3), rewrote Paragraph A(3), added Paragraph A(4), and added Subsections B and C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 43, 51 to 58, 61, 132.
Practicing medicine, surgery, dentistry, optometry or other healing arts without license as a separate or continuing offense, 99 A.L.R.2d 654.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 19.