reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.18 - MOTIONS MADE PRIOR TO THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Motions may be made prior to or during a hearing. Motions
				  made during the hearing are governed by Subsection B of
				  16.10.6.21 NMAC. Pre-hearing
				  motions may be accompanied by a memorandum of law in support of the motion and
				  must be in writing. The moving party shall serve one copy of the motion on all
				  other parties, including the prosecutor. Unless otherwise agreed upon by the
				  parties, parties opposing the motion must respond within 10 days of service of
				  the motion. If the motion is served within 10 days of the hearing, a response
				  may be given at the hearing, either orally or in writing. The board may
				  consider motions made without response as unopposed motions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.19 - EX PARTE COMMUNICATION

Current through Register Vol. 35, No. 13, July 16, 2024
No party in a contested case shall communicate with any
				  member of the board or any board staff, including the executive director,
				  during the administrative proceedings. All communications, including
				  correspondence, shall be directed to the hearing officer for receipt and
				  inclusion in the record in an administrative prosecution.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.20 - ENTRY OF APPEARANCE

Current through Register Vol. 35, No. 13, July 16, 2024
All attorneys representing physicians, physician assistants,
				  anethesiologist assistants, genetic counselors, or polysomnographic
				  technologists in matters before the board shall file an entry of
				  appearance.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.21 - HEARING PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board chair, or his designated representative, on behalf of the board, shall
				decide whether the hearing shall be before the board or a hearing officer. If
				the chair of the board, or his designated representative, decides that the
				matter shall be heard before the board or a hearing officer and the board
				disagrees with that decision, the board may reverse the decision and designate
				whether the hearing shall be before it or a hearing officer.
B. If the board or the chair of the board, or
				the board chair's designated representative, decides that the matter shall be
				before a hearing officer, the board, the chair of the board, or his designated
				representative shall appoint a person to act as the hearing officer.
C. Motions may be submitted in writing or
				made orally during the hearings. The board may request parties to submit a
				memorandum of law following the hearing in support of a motion made orally. The
				board may defer judgment on a motion made during the hearing until it has had
				an opportunity to hear the presentation of evidence. All motions not
				specifically acted upon during the hearing shall be acted upon in the board's
				final decision.
D. A hearing is
				completed and closed after the conclusion of the evidentiary hearing and the
				date of the final submission of all proposed findings of fact and proposed
				conclusions of law and arguments, if any, submitted to the hearing officer by
				the parties. The hearing officer and parties may also agree to a date for the
				completion and closure of a hearing. Once a hearing is completed and closed,
				the hearing officer shall prepare and submit to the board a report within 30
				days of the completion and closure of the hearing. The hearing officer's report
				may include recommendations.
E. No
				other submissions, including evidence, shall be filed by the parties after the
				completion and closure of the hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.22 - TRANSCRIPTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Record of
				hearing.
The board or hearing officer shall cause a record to be made of
				all formal hearings. The record shall be as recorded by a court reporter
				appointed by the board or taped (audio or video) at the discretion of the board
				in the manner authorized by the rules of civil procedure for the district
				court. The record shall include all evidence proffered but not admitted and
				admitted evidence. The record shall also designate and seal those portions of
				the record that are privileged, confidential or redacted either at the
				direction of the hearing officer, the request of a party or the request of a
				witness. Evidence proffered but not admitted shall be separated in the record,
				marked as proffered but not admitted and not presented to the board.
B.
Correction:
Parties wishing
				to correct the transcript or record may request correction within 10 calendar
				days after the transcript is filed in the proceeding. All suggested corrections
				shall be in writing and shall be served upon each party or his attorney, the
				official reporter and the board or hearing officer. If no objection is made to
				the proposed corrections, the board or hearing officer, may direct that the
				corrections be made.
C.
Objections to record:
Objections shall be made in writing within
				10 calendar days from the filing of the suggested correction. The board or
				hearing officer shall, with or without hearing, determine what changes, if any,
				shall be made in the record.
D.
Copies of transcripts and tapes:
Any party may request copies of
				transcripts and tapes of formal proceedings. Any party who requests and
				receives transcripts and tapes shall pay the specified costs to the
				reporter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.23 - RULES OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The board shall follow the rules of evidence set forth in
				Section 61-1-11 NMSA 1978 in proceedings
				held under the Uniform Licensing Act. Rules regarding evidence, not otherwise
				addressed by these rules or the Uniform Licensing Act, shall be governed by the
				rules of evidence for the district courts.
B.
Testimony under oath:
Witnesses testifying by deposition or before the board in formal hearings shall
				be placed under oath.
C.
Stipulation as to facts:
The parties to any investigation or
				proceeding before the board may stipulate to any facts in a document filed with
				the board or entered orally in the record. The stipulation shall be binding
				upon the parties and may be regarded and used by either party as evidence at
				the hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.24 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, BRIEFS AND ORAL ARGUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Proposed
				findings of fact and conclusions of law:
The board or hearing officer
				may require all parties to submit proposed findings of fact and conclusions of
				law. The board or hearing officer shall determine the time for submission of
				the proposed findings and conclusions. Each proposed finding and conclusion
				shall be clearly stated.
B.
Briefs:
The board or the hearing officer may require all parties
				to submit briefs.
(1) Unless otherwise
				ordered by the board or hearing officer, including directing the submission of
				briefs on a date certain, the prosecution shall file its brief-in-chief within
				15 days after receipt of the transcript. The respondent shall file its answer
				brief within 15 days thereafter. Reply briefs must be filed within seven days
				after filing of the answer brief.
(2) Each party must serve one copy of its
				brief on all other parties.
(3)
				Briefs shall be concise and shall include transcript citations for each
				statement of fact. Briefs shall contain a table of contents with page
				references.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.25 - WRITTEN DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
Within 90 days after the completion and closure of the
				  hearing the board shall issue written findings of fact, conclusions of law, and
				  the order of the board regarding any disciplinary action based on the findings
				  of fact and conclusions of law. The board shall also issue a statement
				  informing the applicant or licensee of his right to judicial review and the
				  time within which review must be sought. The board may issue an oral decision
				  prior to issuance of a written order. The board shall serve the written
				  findings, conclusions, order and statements concerning judicial review upon the
				  licensee personally or by certified mail, return receipt requested within 15
				  days after the decision is rendered and signed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.26 - HEARING OFFICER'S REPORT AND RECOMMENDATION

Current through Register Vol. 35, No. 13, July 16, 2024
If a hearing officer conducts the hearing, the hearing
				  officer shall prepare a report of findings of fact and may make
				  recommendations. All board members participating in the decision making
				  process, but not present at the hearing, shall familiarize themselves with the
				  record and hearing officer's report prior to rendering a decision. The board
				  may adopt, modify or reject the hearing officer's report.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.27 - SIMULTANEOUS ACTIONS UNDER THE MEDICAL PRACTICE ACT AND THE IMPAIRED HEALTH CARE PROVIDERS ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Formal proceedings against a physician, physician assistant,
				  anesthesiologist assistant, genetic counselor, or polysomnographic technologist
				  may be taken by the board in accordance with the provisions of the Uniform
				  Licensing Act. No action or investigation or proceedings under the Impaired
				  Health Care Provider Act (Section
				  61-7-1 through Section
				  61-7-12 NMSA 1978) precludes the
				  board from investigating or acting simultaneously, in its sole discretion,
				  under the Medical Practice Act. (61-6-1 through 61-6-34 NMSA
				  1978).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.28 - EVALUATION OF COMPETENCE

Current through Register Vol. 35, No. 13, July 16, 2024
When the board has reason to believe that an applicant for
				  licensure or a licensee is not competent to practice, it may require the
				  applicant or licensee to take a competency examination or to be evaluated for
				  competence by any means that has been endorsed or approved the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.29 - PARENTAL RESPONSIBILITY ACT COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
This section is adopted pursuant to the Parental
				  Responsibility Act Sections
				  40-5A-1 through
				  40-5A-13 NMSA 1978. If an
				  applicant for licensure or a licensee is identified by the state of New Mexico
				  human services department (HSD) as not in compliance with a judgment and order
				  for support relating to child support proceedings, the board shall have grounds
				  to deny an application for a license, deny the renewal of a license or to
				  suspend or revoke a license and shall initiate a notice of contemplated action
				  (NCA) in accordance with the Uniform Licensing Act, Sections
				  61-1-1 through
				  61-1-3 NMSA 1978, subject to the
				  following procedures.
A. Upon receipt
				of HSD's certified list of obligors not in compliance with a judgment and order
				for support, the board shall match the obligors' names against the board's list
				of licensees and applicants.
B. By
				the end of the month in which the certified list is received, the board shall
				report to HSD the names of board applicants and licensees who are on the
				certified list and the action the board has taken in connection with such
				applicants and licensees.
C. Upon
				determination that an applicant or licensee appears on the certified list, the
				board shall issue a formal letter giving the licensee until the next certified
				list is received from HSD to provide the board with a statement of compliance
				from HSD. If the applicant or licensee fails to provide this statement in the
				specified time, the board shall, upon its own motion, issue a notice of
				contemplated action (NCA) in accordance with the Uniform Licensing
				Act.
D. If an applicant or licensee
				disagrees with the determination of non-compliance, or wishes to come into
				compliance, the applicant or licensee shall contact the HSD child support
				enforcement division.
E. In any
				hearing under this section, relevant evidence is limited to the following: A
				statement of non-compliance from HSD is conclusive evidence that requires the
				board to take the appropriate action under the Parental Responsibility Act,
				unless the applicant or licensee provides the board with a statement of
				compliance from HSD, which shall preclude the board from taking action under
				this section.
F. When a
				disciplinary action is taken under this section solely because the applicant or
				licensee is not in compliance with a judgment and order for support, the board
				order shall state that the application or license shall be reinstated upon
				presentation of a subsequent statement of compliance from HSD. The board may
				also include any other conditions necessary to comply with board requirements
				for reapplications or reinstatement of lapsed licenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.30 - VENUE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Venue shall be determined by Section
				  61-1-6 NMSA 1978. In a proceeding
				  involving a licensee without a residence in New Mexico, venue shall be in the
				  county where the board maintains its office.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Medical Board, hereafter called the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to licensed physicians as well as
				  physicians who have previously held a license to practice in New Mexico and
				  wish to reinstate the expired, inactive, suspended, lapsed, or retired
				  license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the practice of medicine in New Mexico and
				  is promulgated pursuant to and in accordance with the Medical Practice Act,
				  Section
				  61-6-19,
				  61-6-26,
				  61-6-27,
				  61-6-28
				  and
				  61-6-30
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 18, 2002 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes procedures for license expiration,
				  renewal and reinstatement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Inactive" means
				a license placed in a non-working status at the request of a physician not
				currently practicing in New Mexico.
B. "Lapsed" means a license that has not been
				renewed by September 30 of the expiration year and has been suspended for
				non-renewal. A license that has lapsed is not valid for practice in New
				Mexico.
C. "Retired" means a
				license that has been withdrawn from active or inactive status at the
				physician's request. A retired license cannot be used to practice medicine in
				New Mexico and a retired license may not subsequently be reinstated.
D. "Nationwide criminal history record" means
				information concerning a person's arrests, indictments, or other formal
				criminal charges and any dispositions arising there from, including
				convictions, dismissals, acquittals, sentencing and correctional supervision,
				collected by criminal justice agencies and stored in the computerized databases
				of the federal bureau of investigation, the national law enforcement
				telecommunications systems, the department of public safety or the repositories
				of criminal history information in other states.
E. "Nationwide criminal history screening"
				means a criminal history background investigation of a licensee applying for
				licensure renewal through the use of fingerprints reviewed by the department of
				public safety and submitted to the federal bureau of investigation, resulting
				in the generation of a nationwide criminal history record for that
				applicant.
F. "Statewide criminal
				history record" means information concerning a person's arrests, indictments,
				or other formal criminal charges and any dispositions arising there from,
				including convictions, dismissals, acquittals, sentencing and correctional
				supervision, collected by criminal justice agencies and stored in the
				computerized database of the department of public safety or the repositories of
				criminal history information in municipal jurisdictions.
G. "Statewide criminal history screening"
				means a criminal history background investigation of a licensee applying for
				licensure renewal through the use of fingerprints submitted to the department
				of public safety and resulting in the generation of a statewide criminal
				history record for that licensee.
H. "Suspended for non-renewal" means a
				license that has not been renewed by September 30 of the expiration year, and
				has at the discretion of the board, been lapsed.
I. "Voluntarily lapsed" means a license that
				is not renewed at the request of the physician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.9 - RENEWAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
To avoid additional penalty fees, a completed renewal
				  application, accompanied by the required fees and documentation must be
				  submitted through the online renewal system, post-marked or hand-delivered on
				  or before July 1 of the renewal year. A New Mexico medical license that has not
				  been renewed by July 1 of the renewal year will remain temporarily active with
				  respect to medical practice until September 30 of the renewal year at which
				  time, at the discretion of the board, the license may be suspended for
				  non-renewal and the status changed to lapsed. New Mexico hospitals and health
				  insurance plans will be notified.
A.
				All renewal applications will be subject to a one time nationwide and statewide
				criminal history screening. Renewal applications will be processed pending the
				completion of the statewide criminal history screening and may be granted while
				the screening still pending.
B. If
				the nationwide or statewide criminal background screening reveals a felony or a
				violation of the Medical Practice Act, the licensee will be notified to submit
				copies of legal documents and other related information to the board which will
				make the determination if the applicant is eligible for licensure or if
				disciplinary action will be taken.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.10 - LICENSEE RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The board assumes no responsibility for renewal applications
				  not received by the licensee for any reason. It is the licensee's
				  responsibility to assure the board has accurate address information and to make
				  a timely request for the renewal form if one has not been received prior to
				  license expiration. If the notice of renewal is returned to the board office
				  and the licensee has not sent a change of address, the suspension for
				  non-renewal and lapsed status notice will be considered undeliverable and will
				  not be mailed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.11 - RENEWAL AFTER JULY 1 AND BEFORE AUGUST 16

Current through Register Vol. 35, No. 13, July 16, 2024
Renewal applications post-marked, electronically or hand
				  delivered after July 1 and prior to August 16 of the renewal year must be
				  accompanied by the completed renewal application, the triennial renewal fee and
				  late fee indicated in
				  16.10.9.8 NMAC,
				  and documentation of 75 hours of continuing medical education as required in
				  16.10.4 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.12 - RENEWAL AFTER AUGUST 15 AND BEFORE OCTOBER 1

Current through Register Vol. 35, No. 13, July 16, 2024
Renewal applications post-marked on or after August 16 but
				  before October 1, of the renewal year must be accompanied by the completed
				  renewal application, the triennial renewal fee and late fee indicated in
				  16.10.9.8 NMAC,
				  and documentation of 75 hours of continuing medical education as required in
				  16.10.4 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.13 - CHANGE IN STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Physicians who do not want to maintain an active license to
				  practice medicine in New Mexico may choose to place their license on inactive,
				  retired or voluntary lapsed status at the time of renewal.
A. Inactive status. A license may be placed
				on inactive status by the payment of the processing fee indicated in 16.10.9.8
				NMAC before October 1 of the renewal year. A license in inactive status is not
				valid for practice in New Mexico but may be reinstated in accordance with the
				provisions of 16.10.7.16 NMAC and 16.10.7.17 NMAC.
B. Retired status. Upon request, a license
				may be placed on retired status. A retired licensee cannot practice medicine
				with a retired license, and such license may not subsequently be reinstated. A
				physician with a retired license who chooses to reinstate the license must
				re-apply as a new applicant.
C.
				Voluntarily lapsed status. A physician may inform the board that he does not
				wish to renew an active license to practice medicine in New Mexico and will
				voluntarily allow the license to lapse. There is no charge for this change in
				status. A voluntarily lapsed license is not valid for practice in New Mexico. A
				physician with a voluntarily lapsed license may only be reinstated in
				accordance with the provisions of 16.10.7.16 NMAC and 16.10.7.17
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.14 - LICENSE SUSPENSION FOR NON-RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
The board may in its discretion suspend for non-renewal and
				  change the status to lapsed on October 1 of the renewal year the license of any
				  physician who has failed within ninety days after the license renewal date to
				  renew their license, or to change the license status as indicated in section
				  13, above, to pay all required fees, or to comply with continuing medical
				  education requirements, or to provide required documentation. Suspension for
				  non-renewal and lapsed status is a non-reportable administrative
				  action.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.16 - LICENSE REINSTATEMENT WITHIN TWO YEARS OF RENEWAL DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A license that has been suspended for non-renewal and placed
				  on lapsed status, placed in inactive, or voluntarily lapsed status may be
				  reinstated within two years of the renewal date by submitting the following
				  documentation:
A. written request for
				re-instatement;
B. completion of a
				renewal application;
C. payment of
				fees as indicated is Subsections B, H, and I of 16.10.9.8 NMAC;
D. proof of completion of required continuing
				medical education as defined in 16.10.4 NMAC for the current year and the
				previous renewal cycle;
E. list of
				licenses held in any other state(s) and license status.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.17 - LICENSE REINSTATEMENT AFTER TWO YEARS FROM RENEWAL DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Restoration of a medical license to active status after two
				  years from the renewal date requires the physician demonstrate continued
				  competence to practice medicine through the following documentation:
A. completion of a reinstatement application;
B. proof of completion of 75 hours
				of continuing medical education during the past three licensing years as
				defined in 16.10.4 NMAC;
C. payment
				of fees as defined in Subsections B, H and I of 16.10.9.8 NMAC; and
D. applicants who have not been in active
				practice for the previous two years may be required to pass an examination for
				current competency as defined in 16.10.3.11 NMAC;
E. applicants may be required to personally
				appear before the board or the board's designee for an interview;
F. consistent with the provisions of the
				Medical Practice Act, Section
				61-6-30
				NMSA 1978, the board may impose terms and conditions on the reinstated
				license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 7 - LICENSE EXPIRATION, RENEWAL AND REINSTATEMENT › Section 16.10.7.18 - REINSTATEMENT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants approved for reinstatement must pay the
				  renewal fee indicated in Subsection B of
				  16.10.9.8 NMAC.
				  Applicants with a license that has been placed on inactive status must pay the
				  reinstatement fee indicated in Subsection I of
				  16.10.9.8 NMAC in
				  addition to the triennial renewal fee. Applicants for reinstatement whose
				  license has been suspended for non-renewal and placed on lapsed status or
				  voluntarily lapsed must pay the reinstatement fee indicated in Subsection H of
				  16.10.9.8 NMAC in
				  addition to the triennial renewal fee. Reinstatement licenses are issued for a
				  period not less than 24 months or more than 36 months from the date of
				  approval.
A. All reinstatement
				applications will be subject to a nationwide and statewide criminal history
				screening. Reinstatement applications shall be processed pending the completion
				of the statewide criminal history screening and may be granted while the
				screening still pending.
B. If the
				nationwide or statewide criminal background screening reveals a felony or a
				violation of the Medical Practice Act, the licensee will be notified to submit
				copies of legal documents and other related information to the board which will
				make the determination if the applicant is eligible for licensure or if
				disciplinary action will be taken.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 8 - MEDICAL ETHICS › Section 16.10.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to and in accordance
				  with the Medical Practice Act, sections
				  61-6-1
				  through
				  61-6-35
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 8 - MEDICAL ETHICS › Section 16.10.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 2001 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 8 - MEDICAL ETHICS › Section 16.10.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part is concerned with aspects of medical ethics that
				  includes a non-exclusive listing of acts that constitute unprofessional conduct
				  and establishes rules for ethical conduct which govern certain special
				  categories of medical practice by physicians and physician assistants, as
				  defined herein.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 8 - MEDICAL ETHICS › Section 16.10.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Established physician-patient relationship means a
				  relationship between a physician and a patient that is for the purpose of
				  maintaining the patient's well-being. At a minimum, this relationship is
				  established by an interactive encounter between patient and physician involving
				  an appropriate history and physical and/or mental status examination sufficient
				  to make a diagnosis and to provide, prescribe or recommend treatment, with the
				  informed consent from the patient and availability of the physician or coverage
				  for the patient for appropriate follow-up care. A medical record must be
				  generated by the encounter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 8 - MEDICAL ETHICS › Section 16.10.8.8 - UNPROFESSIONAL OR DISHONORABLE CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
As defined in the Medical Practice Act, Section
				  61-6-15,D,(29),
				  "unprofessional or dishonorable conduct" includes, but is not limited to, the
				  following:
A. practicing medicine
				without an active license;
B.
				sexual misconduct, including sexual contact with patient surrogates, such as
				parents and legal guardians, that occurs concurrently with the
				physician-patient relationship;
C.
				violating a narcotic or drug law;
D. excessive prescribing or administering of
				drugs;
E. excessive treatment of
				patients;
F. impersonating an
				applicant in an examination or at a board interview;
G. making or signing false
				documents;
H. dishonesty;
I. deceptive or anonymous
				advertising;
J. improper use of a
				fictitious name;
K. violation of a
				term of a stipulation; or
L.
				prescribing, dispensing or administering drugs or medical supplies to a patient
				when there is no established physician-patient relationship, including
				prescribing over the internet or via other electronic means that is based
				solely on an on-line questionnaire; except for:
(1) physicians and physician assistants on
				call for another practitioner, or responsible for another practitioner's
				patients in an established clinic or office, or acting as locum tenens where a
				physician-patient relationship has previously been established and documented
				in the practitioner's or clinic's record;
(2) physicians and physician assistants in
				emergency room or urgent care settings;
(3) prescriptions written to prepare a
				patient for special examination(s) or laboratory testing;
(4) prescribing or dispensing for
				immunization programs;
(5) the
				provision of treatment for partners of patients with sexually transmitted
				diseases when this treatment is conducted in accordance with the expedited
				partner therapy guidelines and protocol published by the New Mexico department
				of health; and
(6) the provision of
				consultation, recommendation, or treatment during a face-to-face telehealth
				encounter online, using standard videoconferencing technology, where a medical
				history and informed consent are obtained and a medical record generated by the
				practitioner, and a physical examination is:
(a) recorded as appropriate by the
				practitioner, or a practitioner such as a physician, a physician or
				anesthesiologist assistant, or an advanced practice nurse, with the results
				communicated to the telehealth practitioner; or
(b) waived when a physical examination would
				not normally be part of a typical physical face-to-face encounter with the
				patient for the specific services being provided.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 8 - MEDICAL ETHICS › Section 16.10.8.9 - DETERMINATION OF MEDICAL ETHICS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The board adopts the ethical standards set forth in the latest published
				version of the "code of medical ethics current opinions with annotations of the
				council on ethical and judicial affairs of the American medical association" or
				its successor publication ("code of medical ethics").
B. The board reserves the right to impose
				discipline for breaches of medical ethics which may not be addressed in the
				"code of medical ethics", but which are nevertheless sufficiently serious to
				bring the offending conduct within the meaning of Section
				61-6-15,D,(29)
				NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to and in accordance with
				  the Medical Practice Act, Sections
				  61-6-1
				  through
				  61-6-35
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets fees for physicians, physician assistants,
				  anesthesiologists assistants, genetic counselors, polysomnography
				  technologists, naturopathic doctors and individuals requesting selected public
				  information.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"FCVS"
means the federation credential verification service of the
				federation of state medical boards.
B.
"HSC"
means the hospital
				services corporation, a New Mexico corporation, and a certified credential
				verification organization serving hospitals and health plans located in New
				Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.8 - PHYSICIAN FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				fee of $400.
B. Triennial license
				renewal fee of $450 plus a triennial fee to support the impaired physicians
				program of $150.
C. Temporary
				license fee for a temporary camp or school license of $50.
D. Temporary license fee for a temporary
				teaching/research license of $100.
E. Processing fee of $25 for placing a
				license on inactive status.
F. Late
				fee of $100 for all physicians who renew their license to active status, or
				provide required documentation after June 30 but no later than August 15 of the
				year of expiration.
G. Late fee of
				$200 for physicians who renew their licenses to active status, or provide
				required documentation between August 16 and October 1 of the year of
				expiration.
H. Reinstatement fee of
				$400, for reinstatement of a suspended license, which shall be in addition to
				the triennial license renewal, impaired physicians program fee; and if
				required, nationwide criminal history screening fee.
I. Reinstatement fee of $200 to reactivate
				from inactive status, which shall be in addition to the triennial license
				renewal, impaired physicians program fee; and if required, nationwide criminal
				history screening fee.
J.
				Postgraduate training license fee of $10.
K. Public service license fee of $50
				annually.
L. Telemedicine initial
				licensing and triennial renewal fee of $400.
M. Nationwide criminal history screening fee
				equal to the current federal bureau of investigation and department of public
				safety fee.
N. Statewide criminal
				history fee equal to the current department of public safety fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.9 - PHYSICIAN ASSISTANT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application fee of $150.
B.
				Biennial renewal of licensure fee of $150.
C. Change of primary supervising physician
				fee of $25.
D. Late fee of $50 for
				physician assistants who renew their license, or provide required
				documentation, after March 1 but by April 15 of the renewal year.
E. Late fee of $75 for physician assistants
				who renew their license, or provide required documentation, between April 15
				and May 30 of the renewal year.
F.
				Fee of $25 for placing a physician assistants license on inactive
				status.
G. Reinstatement fee of
				$100, for reinstatement of a physician assistant license, which shall be in
				addition to the biennial license renewal; and if required, nationwide criminal
				history screening fee.
H.
				Nationwide criminal history screening fee equal to the current federal bureau
				of investigation and department of public safety fee.
I. Statewide criminal history fee equal to
				the current department of public safety fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.10 - ANESTHESIOLOGIST ASSISTANT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application fee of $100.
B.
				Biennial renewal fee of $100.
C.
				Change in supervision fee of $25.
D. Late fee of $25 for failure to renew
				license or provide required documentation by July 1 of the renewal
				year.
E. Reinstatement fee of $50,
				for reinstatement of an anesthesiologist assistant license, which shall be in
				addition to the biennial license renewal; and if required, nationwide criminal
				history screening fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.11 - GENETIC COUNSELOR FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application fee of $150; includes temporary license while certification is
				pending.
B. Biennial renewal fee of
				$150.
C. Reinstatement fee of $100,
				for reinstatement of a genetic counselor license, which shall be in addition to
				the biennial license renewal; and if required, nationwide criminal history
				screening fee.
D. Temporary
				teaching or assisting license fee of $150.
E. Temporary license renewal fee of $50; for
				applicants renewing a temporary license while certification is
				pending.
F. Late fee of $50 for
				failure to renew license or provide required documentation by March 1 of the
				renewal year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.12 - POLYSOMNOGRAPHY TECHNOLOGIST FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application fee of $150; includes temporary permit while certification is
				pending.
B. Biennial renewal fee of
				$150.
C. Reinstatement fee of $100,
				for reinstatement of a polysomnography technologist license, which shall be in
				addition to the biennial license renewal; and if required, nationwide criminal
				history screening fee.
D. Temporary
				permit renewal fee of $50.
E. Late
				fee of $50 for failure to renew license or provide required documentation by
				March 1 of the renewal year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.13 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Registration application fee of
				$100.
B. Biennial renewal fee of
				$100.
C. Change of supervising
				physician fee of $25, with no change in scope of practice or
				protocol.
D. Late fee of $25 for
				failure to renew registration or provide required documentation by July 1 of
				the renewal year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.14 - MISCELLANEOUS FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Copying fee
				of up to $1.00 per page for public records.
B. License verification fee of $30 per
				license for a letter of good standing to confirm the verification.
C. Fee of $20 per copy for annual directory
				of physicians.
D. Returned check
				fee of $25.
E. List of licensees on
				CD - $100.
F. Physician mailing
				labels - $250, physician assistant mailing labels - $50.
G. Administrative reprocessing fee - no
				greater than current initial licensing fee.
H. Waiver. The board may waive or reduce
				miscellaneous fees but only for good cause shown and documented. The NMMS,
				NMAPA, and UNMHSC will each be given one free list or CD annually.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 9 - FEES › Section 16.10.9.15 - NATUROPATHIC DOCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				fee of $320.
B. Triennial license
				renewal fee of $360.
C. Processing
				fee of $20 for placing a license on inactive status.
D. Late fee of $80 for all naturopathic
				doctors who renew their license to active status, or provide required
				documentation after March 1 but by April 15 of the renewal year.
E. Late fee of $160 for naturopathic doctors
				who renew their license to active status, or provide required documentation
				after April 15 but by May 30 of the renewal year.
F. Reinstatement fee of
$200
,
				for reinstatement of a naturopathic doctors' license, which shall be in
				addition to the biennial license renewal; and if required, nationwide criminal
				history screening fee.
G.
				Nationwide criminal history screening fee equal to the current federal bureau
				of investigation and department of public safety fee.
H. Statewide criminal history fee equal to
				the current department of public safety fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 10 - REPORT OF SETTLEMENTS, JUDGMENTS, ADVERSE ACTIONS AND CREDENTIALING DISCREPANCIES › Section 16.10.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Medical Board (the "board").
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 10 - REPORT OF SETTLEMENTS, JUDGMENTS, ADVERSE ACTIONS AND CREDENTIALING DISCREPANCIES › Section 16.10.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all applicants and licensees under the
				  jurisdiction of the Medical Practice Act, Sections
				  61-6-1 to
				  -35 NMSA 1978, and entities falling within the scope of Section
				  61-6-16
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 10 - REPORT OF SETTLEMENTS, JUDGMENTS, ADVERSE ACTIONS AND CREDENTIALING DISCREPANCIES › Section 16.10.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to Paragraph (21) of Subsection
				  D of Sections
				  61-6-15
				  and
				  61-6-16
				  NMSA 1978, and in accordance with the Impaired Health Care Provider Act
				  Sections
				  61-7-1 to
				  61-7-12
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 10 - REPORT OF SETTLEMENTS, JUDGMENTS, ADVERSE ACTIONS AND CREDENTIALING DISCREPANCIES › Section 16.10.10.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
This part is permanent.