2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-5 - Medical board duties and powers.

The board shall:
A. enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act [Chapter 61, Article 6C NMSA 1978], the Anesthesiologist Assistants Act [Chapter 61, Article 6D NMSA 1978], the Genetic Counseling Act [61-6A-1 to 61-6A-10 NMSA 1978], the Impaired Health Care Provider Act [Chapter 61, Article 7 NMSA 1978], the Polysomnography Practice Act [61-6B-1 to 61-6B-10 NMSA 1978], the Naturopathic Doctors' Practice Act [61-12G-1 to 61-12G-13 NMSA 1978], the Podiatry Act [Chapter 61, Article 8 NMSA 1978] and the Naprapathic Practice Act [61-12F-1 to 61-12F-11 NMSA 1978];
B. promulgate, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], all rules for the implementation and enforcement of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Impaired Health Care Provider Act, the Polysomnography Practice Act, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;
E. take testimony on matters within the board's jurisdiction;
F. keep an accurate record of all its meetings, receipts and disbursements;
G. maintain records in which the name, address and license number of all licensees shall be recorded, together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines;
H. discipline licensees or deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any cause stated in the law that the board is charged with enforcing;
I. hire staff and administrators as necessary to carry out the provisions of the Medical Practice Act;
J. have the authority to hire or contract with investigators to investigate possible violations of the Medical Practice Act;
K. have the authority to hire a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to a health care profession or occupation over which the board has authority and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board;
L. establish continuing education requirements for licensed practitioners over which the board has authority;
M. establish committees as it deems necessary for carrying on its business;
N. hire or contract with a licensed physician to serve as medical director and fulfill specified duties of the secretary-treasurer;
O. establish and maintain rules related to the management of pain based on review of national standards for pain management; and
P. have the authority to waive licensure fees for the purpose of the recruitment and retention of health care practitioners over which the board has authority.
History:
1953 Comp., § 67-5-3.2, enacted by Laws 1973, ch. 361, § 2; 1989, ch. 269, § 5; 2003, ch. 19, § 5; 2005, ch. 140, § 5; 2008, ch. 53 § 11; 2008, ch. 54, § 11; 2008, ch 55, § 1; 2011, ch. 31, § 1; 2019, ch. 244, § 15; 2021, ch. 54, § 20; 2022, ch. 39, § 28; 2023, ch. 141, § 1.
ANNOTATIONS
Cross reference.
— For provisions of the Pain Relief Act,
see
24-2D-1 NMSA 1978 et seq.
The 2023 amendment,
effective June 16, 2023, included the Podiatry Act within the scope of the medical board's enforcement and administration duties; and in Subsections A and B, after "Practice Act", added "the Podiatry Act".
Temporary provisions.
— Laws 2023, ch. 141, § 18 provided that on July 1, 2023:
A. all functions, personnel, records, equipment, supplies and other property of the board of podiatry shall be transferred to the podiatry advisory committee; and
B. all money and appropriations of the board of podiatry shall be transferred to the New Mexico medical board fund.
The 2022 amendment,
effective May 18, 2022, removed a provision requiring the New Mexico medical board to adopt, publish and file rules in accordance with the Uniform Licensing Act, leaving in place a requirement that the board promulgate rules in accordance with the State Rules Act; clarified that the medical board is required to follow the provisions of the Uniform Licensing Act for disciplinary matters; in the section heading, added "Medical board"; in Subsection B, deleted "adopt, publish and file" and added "promulgate", and after "in accordance with", deleted "the Uniform Licensing Act and"; in Subsection H, deleted "grant" and added "discipline licensees or", deleted "Medical Practice Act, the Implied Health Care Provider Act, the Naturopathic Doctors' Practice Act and the Naprapathic Practice Act" and added "law that the board is charged with enforcing"; and in Subsection K, after "the laws in relation to", deleted "the medical" and added "a health care", and after "profession", added "or occupation over which the board has authority".
The 2021 amendment,
effective June 18, 2021, made changes to reflect the New Mexico medical board's new regulatory oversight; in Subsection L, after "continuing", deleted "medical", and after "licensed", deleted "physicians and continuing education requirements for physician assistants" and added "practitioners over which the board has authority"; and in Subsection P, after "the purpose of", deleted "medical doctor" and added "the", and after "retention", added "of health care practitioners over which the board has authority".
Temporary provisions.
— Laws 2021, ch. 54, § 48 provided:
A. On June 18, 2021, all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the board of osteopathic medicine are transferred to the New Mexico medical board.
B. On June 18, 2021, all contractual obligations of the board of osteopathic medicine are binding on the New Mexico medical board.
C. On June 18, 2021 of, all references in law to the board of osteopathic medicine shall be deemed to be references to the New Mexico medical board.
The 2019 amendment,
effective June 14, 2019, required the New Mexico medical board, in accordance with the Naturopathic Doctors' Practice Act, to enforce and administer, adopt rules for implementation and enforcement, and regulate licenses; and added "the Naturopathic Doctors' Practice Act" throughout the section.
Temporary provisions.
— Laws 2019, ch. 244, § 19 provided that by June 30, 2020, the New Mexico medical board shall issue licenses to those applicants who have met the requirements of the Naturopathic Doctors' Practice Act and board rules promulgated in accordance with that act.
The 2011 amendment,
effective July 1, 2011, in Subsections A, B and H, required the medical board to administer and enforce the Naprapathic Practice Act, including licensure and rule making.
The 2008 amendment,
effective May 14, 2008, added Subsection P.
The 2005 amendment,
effective June 17, 2005, added Subsection O to require the board to establish and maintain rules related to the management of pain based on national standards for paid management.
The 2003 amendment,
effective June 20, 2003, substituted "the Anesthesiologist Assistants Act and the Impaired Health Care Provider Act" for "and the Impaired Physician Act" in Subsections A and B; deleted "and regulations" following "all rules" in Subsection B; deleted former Subsections G and H related to keeping records of all persons taking examinations and certified as passing any persons with a passing grade and redesignated Subsections I to O as Subsections G to M; in present Subsection H, substituted "licensees and applicants" for "physicians" following "probation and stipulation", added "and the Impaired Health Care Provider Act" at the end; deleted "including those provided for in Section 61-6-28 NMSA 1978" at the end of present Subsection K; and added Subsection N.
The 1989 amendment,
effective July 1, 1989, substituted the present section heading for "Administration of act"; and substituted the present provisions for "The New Mexico board of medical examiners shall enforce and administer the provisions of this act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 23.