reglab/statecodes huggingface dataset:
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 16.10.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
The effective date of this part is September 17, 2018, unless
				  a later date appears at the end of a section.
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 16.10.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part has three objectives.
A. In accordance with Paragraph (21) of
				Subsection D of Section
				61-6-15
				NMSA 1978, this part defines the requirements for licensees and applicants to
				report to the board actions taken against them by other licensing
				jurisdictions, peer review bodies, health care entities, professional or
				medical societies and associations, governmental agencies, law enforcement
				agencies, and courts for acts or conduct similar to acts or conduct
				constituting grounds for action under the Medical Practice Act.
B. In accordance with Section
				61-6-16
				NMSA 1978, this part defines the requirements for affected entities to report
				to the board:
(1) payments relating to
				malpractice actions or claims arising in New Mexico involving licensees and
				applicants;
(2) professional review
				actions; and
(3) actions taken
				against licensees' and applicants' clinical privileges while the licensee or
				applicant is under investigation or in lieu of investigation by the affected
				entity.
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 16.10.10.8 - REPORTING OF MEDICAL MALPRACTICE PAYMENTS BY ENTITIES AND PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person or
				entity, including an insurance company, which makes a payment under a policy of
				insurance, self-insurance or otherwise, in settlement of, or in whole or
				partial satisfaction of, a judgment in a malpractice action or claim must file
				a report with the board within 30 days after any initial or complete payment is
				made.
B. Applicants and licensees
				must file a report with the board within 30 days after any initial or complete
				payment is made by them, or directly or indirectly on their behalf.
C. Reports filed under this section shall
				include, at a minimum:
(1) the name, license
				number, and social security number of the named licensee or
				applicant;
(2) the name and address
				of the person or entity making the payment;
(3) the name, title and telephone number of
				the person submitting the report;
(4) the date or dates on which the act(s) or
				omission(s) giving rise to the claim occurred;
(5) the date of judgment or
				settlement;
(6) the amount paid,
				the date of payment and whether payment is made in satisfaction of a judgment
				or constitutes a settlement;
(7) a
				description of terms of the judgment or settlement and any conditions attached
				thereto, including terms of payment;
(8) a description of the alleged acts or
				omissions and injuries or illnesses upon which the action or claim is based;
				and,
(9) the official addendum to
				the licensee's or applicant's data bank report.
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 16.10.10.9 - REPORTING OF ACTIONS ADVERSELY AFFECTING CLINICAL PRIVILEGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All health care
				entities, licensees and applicants shall report any action adversely affecting
				the clinical privileges of the licensee or applicant within thirty days after
				the action is taken.
B. Actions the
				health care entity must report include, but are not limited to:
(1) any professional review action adversely
				affecting the clinical privileges of a licensee or applicant, except as
				provided in Subsection C of this section;
(2) the health care entity's acceptance of
				the surrender of clinical privileges or any restriction on such privileges as a
				result of or relating to possible incompetency or improper professional conduct
				while the licensee or applicant is under investigation, or in return for the
				health care entity's decision not to conduct an investigation or
				proceeding;
(3) any professional
				review action taken by a professional society adversely affecting the
				membership of a licensee or applicant in the society;
(4) the failure to complete medical records
				where the failure relates to the licensee's or applicant's professional
				competence or conduct, or the failure could or did adversely affect a patient's
				health or welfare; and
(5) a
				positive drug test for illegal substances, alcohol or prescribed or
				un-prescribed medications not supported by appropriate diagnosis (the board
				will not require name of the licensee or applicant if the licensee or applicant
				has voluntarily self-reported to the New Mexico health professional wellness
				program (HPWP), or any successor organization).
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 16.10.10.10 - REPORTING OF CREDENTIALING DISCREPANCIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any health care entity having information about a licensee or
				  applicant that conflicts with information the licensee or applicant included on
				  an application or re-application submitted with a signed attestation of
				  accuracy, shall report the discrepancy to the board within 90
				  days.
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 16.10.10.11 - SANCTIONS FOR FAILURE TO REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Medical malpractice payments. Any health
				care entity or person failing to report malpractice payments required by this
				part shall be subject to a civil penalty not to exceed ten thousand dollars
				($10,000).
B. Actions adversely
				affecting clinical privileges. Any health care entity or professional review
				body failing to comply with the reporting requirements set forth in this part
				shall be subject to a civil penalty not to exceed ten thousand dollars
				($10,000). The board will report the failure to comply to the data bank as
				required by
				42
				U.S.C. Section 11133.
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 16.10.10.12 - CONFIDENTIAL COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any information or report submitted to the board under this
				  part, or pursuant to 42 U.S.C. 11131-11152, as amended, shall be confidential
				  and shall be disclosed only to the licensee or applicant, unless otherwise
				  authorized or required by law.
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 16.10.10.13 - REPORTING OF ADVERSE ACTIONS BY LICENSEES AND APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to
				the reporting requirements contained in Section
				16.10.10.8
				and
				16.10.10.9
				NMAC, a licensee or applicant shall report to the board any adverse action
				affecting the licensee or applicant taken by another licensing jurisdiction; a
				peer review body; a health care entity; a professional or medical society or
				association; a governmental agency; a law enforcement agency, including
				arrests; and any court for acts or conduct similar to acts or conduct that
				would constitute grounds for action under the Medical Practice Act.
B. Licensees and applicants must report to
				the board any adverse action taken against them or their license within 30 days
				after the date the action occurs or is taken. For the purpose of this section,
				an "action occurs or is taken" on the date an entity described in this section
				takes action, regardless of whether the action is subject to appeal or an
				appeal is taken. Any subsequent disposition of the adverse action, regardless
				of whether such disposition negates or affects the adverse action, does not
				alter this reporting requirement. In the case of an arrest, the licensee or
				applicant shall report the arrest within 30 days.
C. The failure to report any adverse action
				shall constitute unprofessional or dishonorable conduct under Subsection D of
				Section
				61-6-15
				NMSA 1978 of the Medical Practice Act.
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 16.10.10.14 - REPORTING IMPAIRED, INCOMPETENT, DISRUPTIVE OR UNETHICAL COLLEAGUES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Consistent with
				16.10.8.9
				NMAC (adopting the ethical standards of the American medical association),
				licensees and applicants having a good faith basis for believing that the
				public health and safety may be at risk must report impaired, incompetent,
				disruptive and unethical colleagues, including specifically other licensees and
				applicants. "Impaired" means any condition affecting the ability to engage
				safely and effectively in professional activities. "Incompetent" includes
				practices or conduct creating the potential for harm, whether or not harm has
				resulted. "Unethical" includes, but is not limited to corrupt, dishonest or
				illegal actions.
B. The duty to
				report imposed by this section does not limit or replace the duty to report to
				other organizations or entities, including law enforcement.
C. Reports under this section may be made
				anonymously, but must include sufficient information to allow investigation by
				the board.
D. Reports made under
				this section will be held in confidence in the same manner as all
				investigations by the board.
E.
				Specifically exempt from the reporting requirements contained in this section
				are "peer review" communications protected by law.
F. The submission of a false or malicious
				report under this section constitutes unethical conduct subject to disciplinary
				action.
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 16.10.10.15 - SELF-REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All applicants
				and licensees have a duty to self-report to the board any mental illness,
				physical illness (including but not limited to deterioration through the aging
				process or loss of motor skill), or habitual use or abuse of drugs, as defined
				in the Controlled Substances Act, Section 31-31-1 to 31-31-41 NMSA 1978, or
				alcohol that affects their ability to practice with reasonable skill or safety
				to patients.
B. Reports made under
				this section may subject the licensee or applicant to action by the board where
				necessary to ensure public health, safety and welfare.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.1 - 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 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  medicine in New Mexico and are promulgated pursuant to and in accordance with
				  the Medical Practice Act, sections
				  61-6-1
				  through
				  61-6-35
				  NMSA 1978, the Uniform Licensing Act, section
				  61-1-1
				  through
				  61-1-33 NMSA
				  1978, and the Impaired Physician Act, section
				  61-7-1
				  through
				  61-7-12
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 1995, 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 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations are adopted to carry out the
				  boards' responsibilities set forth in Sections 61-11B to
				  61-11B-3,
				  NMSA 1978, the "Pharmacist Prescriptive Authority Act."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Alternate
				supervising physician"
means a physician who holds a current
				unrestricted license, is a cosignatory on the notification of supervision, and
				agrees to act as the supervising physician in the supervising physician's
				absence with no change to the scope of practice or protocol of the pharmacist
				clinician. The alternate supervising physician must be approved by the board or
				designee.
B.
"Consultation"
means in person, telephonically, by two-way radio,
				by e-mail or by other electronic means.
C.
"Dangerous drug"
means a
				drug, that because of any potentiality for harmful effect or the methods of its
				use or the collateral measures necessary to its use, is not safe except under
				the supervision of a physician licensed by law to direct the use of such drug
				and the drug prior to dispensing is required by federal law and state law to
				bear the manufacturer's legend "Caution: Federal law prohibits dispensing
				without a prescription".
D.
"Pharmacist clinician"
means a pharmacist with additional training
				required by regulation adopted by the New Mexico board of pharmacy in
				consultation with the New Mexico medical board and the New Mexico academy of
				physician assistants, who exercises prescriptive authority in accordance with
				guidelines or protocol.
E.
"Scope of practice"
means duties and limitations of duties placed
				upon a pharmacist clinician by their supervising physician and/or the alternate
				supervising physician(s) and the board; includes the limitations implied by the
				specialty of the supervising physician and/or the alternate supervising
				physician(s), the training and experience of the pharmacist clinician and the
				board.
F.
"Supervising
				physician"
means a physician, or group of physicians who hold a current
				unrestricted license and are approved by the board to supervise a pharmacist
				clinician and includes a physician approved by the board as an alternate
				supervising physician.
G.
"Written Protocol"
means a written agreement between a pharmacist
				clinician or group of pharmacist clinicians and a physician or group of
				physicians that delegates prescriptive authority.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.8 - INTRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations are adopted to carry out the
				  boards' responsibilities set forth in Sections 61-11B to
				  61-11B-3,
				  NMSA 1978, the "Pharmacist Prescriptive Authority Act."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.9 - APPROVAL OF SUPERVISING PHYSICIANS

Current through Register Vol. 35, No. 13, July 16, 2024
A physician shall only be approved as a pharmacist clinician
				  supervisor after the pharmacist clinician registers with the board by
				  submitting an application for authority to practice under the supervision of a
				  licensed physician. The application shall include:
A. the name, address, phone number of the
				applicant and his/her proof of current certification as a pharmacist clinician
				by the board of pharmacy;
B. the
				name, address, and phone number of the supervising physician;
C. a written protocol agreed to and signed by
				the pharmacist clinician and the supervising physician that shall include:
(1) a statement identifying the physician
				authorized to prescribe dangerous drugs and the pharmacist clinician who is a
				party to the guidelines or protocol;
(2) a statement of the types of prescriptive
				authority that the pharmacist clinician is authorized to make within his scope
				of practice which may include:
(a) a statement
				of the types of diseases, dangerous drugs or dangerous drug categories involved
				and the type of prescriptive authority authorized in each case; and
(b) a general statement of the procedures,
				decision criteria or plan the pharmacist clinician is to follow when exercising
				prescriptive authority;
(c) a
				statement of the activities the pharmacist clinician is to follow in the course
				of exercising prescriptive authority, including documentation of decisions made
				and a plan for communication to and consultation with the supervising physician
				concerning specific decisions made; documentation may occur on the prescriptive
				record, patient profile, patient medical chart or in a separate log book;
				and
(d) a statement that describes
				appropriate mechanisms for reporting to the physician the pharmacist
				clinician's activities in monitoring the patients; and
(e) a statement that describes provisions for
				immediate communication or consultation between the pharmacist clinician and
				the supervising physician or alternate supervising physician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.10 - THE PHYSICIAN'S REQUIREMENTS OF SUPERVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Supervising physicians must provide
				direction to pharmacist clinicians to specify the pharmacotherapeutic services
				to be provided under the circumstances in each case. This may be done by
				written protocol or by oral consultation. It is the responsibility of the
				supervising physician to assure that the appropriate directions are given and
				understood.
B. Supervising
				physicians must establish a quality assurance program for review of medical
				services provided by the pharmacist clinician.
C. If the supervising physician is of the
				opinion that circumstances warrant exceptions to the requirements set forth in
				Subsections A or B above, the supervising physician must specify the
				circumstances in writing and deliver the same to the board. The board will
				review, grant or deny requests for exceptions or waivers, at the board's
				discretion.
D. Documentation of the
				supervising physician reviews must be retained by the pharmacist clinician and
				be available for board inspection for a period of not less than three years
				from the date of such reviews.
E.
				The pharmacist clinician must have prompt access to the physician by telephone
				or other electronic means for advice and direction.
F. If the supervising physician plans to be
				or is absent from his or her practice for any reason, the supervising physician
				cannot designate a pharmacist clinician to take over those duties or cover the
				practice during such absence. The supervising physician may designate an
				alternate supervising physician, approved by the board, to cover the practice
				and perform the duties of supervising physician. The alternate supervising
				physician will then supervise the pharmacist clinician and will be responsible
				for the pharmacist clinician's actions or omissions in exercising prescriptive
				authority or other duties as a pharmacist clinician.
G. Supervising physician is required to
				report any supervised pharmacist clinician who is practicing below accepted
				standards of care to the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.11 - REPORT AND COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The chair of the board shall appoint two (2) members of the
				  board, or a member and an agent of the board to an oversight committee that
				  shall also include two members appointed by the board of pharmacy. The
				  oversight committee will make a report that may include non-binding
				  recommendations to both the board of pharmacy and the medical board regarding
				  disciplinary action. Each board can accept or reject the
				  recommendations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 11 - PHYSICIANS SUPERVISING PHARMACIST CLINICIANS › Section 16.10.11.12 - PHARMACIST CLININCIAN SUPERVISOR APPLICATION, RENEWAL AND TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Required
				documentation.
Each applicant for a pharmacist clinician supervisor and
				alternate pharmacist clinician supervisor must submit the required fees as
				specified in
				16.10.9.8 NMAC and
				the following documentation:
(1) A completed
				signed application.
(2) Copy of
				proof of current certification of the pharmacist clinician by the New Mexico
				board of pharmacy.
(3) A written
				protocol signed by the pharmacist clinician and the supervising physician,
				which includes the requirements in 16.10.11.9 C NMAC.
(4) Physicians who have had previous
				disciplinary action against them will be subject to further review by the board
				and may be approved, or approved with limitations, or denied. Physicians who
				had previous disciplinary action may apply to become a pharmacist clinician
				supervisor or alternate supervisor, the application will be sent to the board
				for consideration and decision.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.1 - 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 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to physicians supervising physicians under
				  Section 61-6-17(I) NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  medicine in New Mexico and are promulgated pursuant to and in accordance with
				  the Medical Practice Act, Sections
				  61-6-1
				  through
				  61-6-35
				  NMSA 1978, the Uniform Licensing Act, Sections
				  61-1-1
				  through
				  61-1-33 NMSA
				  1978, and the Impaired Health Care Provider Act, Section
				  61-7-1
				  through
				  61-7-12
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 17, 1998, 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 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes procedures for New Mexico licensed
				  physicians to delegate responsibilities to physicians not licensed in New
				  Mexico, pursuant to Section 61-6-17(I) NMSA 1978, as amended in
				  1997.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Non-licensed
				physician" means a medical doctor licensed to practice medicine in a
				jurisdiction other than New Mexico.
B. "Board" means the New Mexico medical
				board.
C. "Supervising physician"
				means a physician licensed in the state of New Mexico by the board who will
				function as the supervising physician to a non-licensed physician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 12 - SUPERVISION OF NON-LICENSED PHYSICIANS › Section 16.10.12.8 - DELEGATIONS UNDER SECTION 61-6-17 (I) NMSA 1978 (AS AMENDED IN 1997)

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order for a
				non-licensed physician who is practicing medicine in New Mexico under a New
				Mexico licensed physician's supervision, the non-licensed physician, pursuant
				to Section 61-6-17(I) NMSA 1978, as amended in 1997, shall have an unrestricted
				license to practice in some other licensing jurisdiction, which does not
				necessarily need to be in the United States.
B. The supervising physician shall report, in
				writing, to the board. The report shall include:
(1) name and local addresses of any physician
				that will be supervised;
(2) the
				jurisdiction where the supervised physician is licensed, and proof of
				licensure, and current status of licensure;
(3) the scope of practice and the manner by
				which the New Mexico licensed physician will directly supervise the
				non-licensed physician; and
(4) the
				name and address of the hospital, if any, to be utilized by the supervising
				physician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.1 - 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 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the delegated use of procedures and use of
				  certain medical devices by medical assistants under the supervision of the
				  physician.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the use of
				  medical devices and procedures by unlicensed medical assistants under the
				  supervision of a physician in New Mexico. 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 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 18, 2002, unless a different 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 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the procedures whereby physicians
				  licensed in New Mexico may delegate responsibility for certain medical
				  procedures generally considered to be the practice of medicine to medical
				  assistants with appropriate training and supervision, pursuant to Section
				  61-6-17(I) NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Supervising
				physician" means a physician licensed to practice in New Mexico who is
				responsible for the patient's care and will provide oversight and guidance of
				the medical assistant.
B. "Medical
				assistant" means any individual who is not licensed as a healthcare
				practitioner in New Mexico and is working under the direction and supervision
				of a licensed physician. Licensed practitioners, including registered nurses
				and physician assistants, are not considered to be medical assistants pursuant
				to this rule.
C. "Medical
				therapeutic or cosmetic medical procedure, device, or treatment" means a
				treatment or procedure that uses any of the following, if the procedure or
				treatment alters or damages or is capable of altering or damaging living
				tissue, to improve the patient's appearance or to achieve an enhanced aesthetic
				result:
(1) injection or insertion of a
				biologic or synthetic substance for soft tissue augmentation;
(2) application of a chemical
				substance;
(3) application of
				microwave energy; or
(4)
				application of a federal food and drug administration approved prescription
				device that uses waveform energy of any kind, including, but not limited to
				lasers or intense pulsed light.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.8 - USE OF MEDICAL THERAPEUTIC AND COSMETIC DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Medical therapeutic or cosmetic devices penetrate and alter
				  human tissue and can result in complications such as visual impairment,
				  blindness, inflammation, burns, scarring, hypo-pigmentation and
				  hyper-pigmentation. The use of medical therapeutic and cosmetic devices is the
				  practice of medicine as defined in Section
				  61-6-1 NMSA
				  1978.
A. Limitations.
(1) Medical assistants are limited to using
				medical therapeutic and cosmetic devices that are non-incisive and
				non-ablative.
(2) Medical
				therapeutic and cosmetic devices may only be used by a medical assistant who is
				certified pursuant to Subsection D of 16.10.13.7 NMAC and when the supervising
				physician is immediately available on the premises.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 13 - DELEGATED USE OF DEVICES AND PROCEDURES BY MEDICAL ASSISTANTS; COSMETIC INJECTIONS › Section 16.10.13.9 - INJECTION OF COSMETIC OR AESTHETIC SUBSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The injection of cosmetic or aesthetic substances is
				  considered to be the practice of medicine and shall not be delegated to medical
				  assistants.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.1 - 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 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all New Mexico medical board licensees
				  who hold a federal drug enforcement administration
				  registration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.3 - 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 and the Pain Relief Act, Sections
				  24-2D-1
				  NMSA through
				  24-2D-6.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 20, 2003, 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 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the prescribing of controlled substances in
				  the treatment of pain and other conditions to ensure that they are prescribed
				  for appropriate doses and durations and after a thorough medical
				  evaluation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.8 - PRESCRIPTION MONITORING PROGRAM (PMP) REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The intent of the New Mexico medical board in requiring
				  participation in the PMP is to assist practitioners in balancing the safe use
				  of controlled substances with the need to impede harmful and illegal activities
				  involving these pharmaceuticals.
A.
				Any practitioner who holds a federal drug enforcement administration
				registration and a New Mexico controlled substance registration shall register
				with the board of pharmacy to become a regular participant in PMP inquiry and
				reporting.
B. A practitioner may
				authorize delegate(s) to access the prescription monitoring report consistent
				with board of pharmacy regulation 16.19.29 NMAC. While a practitioner's
				delegate may obtain a report from the state's prescription monitoring program,
				the practitioner is solely responsible for reviewing the prescription
				monitoring report and documenting the receipt and review of a report in the
				patient's medical record.
C. Before
				a practitioner prescribes or dispenses for the first time, a controlled
				substance in schedule II, III, IV or V to a patient for a period greater than
				four days, or if there is a gap in prescribing the controlled substance for 30
				days or more, the practitioner shall review a prescription monitoring report
				for the patient for the preceding 12 months. When available, the practitioner
				shall review similar reports from adjacent states. The practitioner shall
				document the receipt and review of such reports in the patient's medical
				record.
D. A prescription
				monitoring report shall be reviewed a minimum of once every three months during
				the continuous use of a controlled substance in schedule II, III, IV or V for
				each patient. The practitioner shall document the review of these reports in
				the patient's medical record. Nothing in this section shall be construed as
				preventing a practitioner from reviewing prescription monitoring reports with
				greater frequency than that required by this section.
E. A practitioner does not have to obtain and
				review a prescription monitoring report before prescribing, ordering, or
				dispensing a controlled substance in schedule II, III, IV or V:
(1) for a period of four days or less;
				or
(2) to a patient in a nursing
				facility; or
(3) to a patient in
				hospice care; or
(4) when
				prescribing , dispensing or administering of:
(a) testosterone; or
(b) pregabalin; or
(c) lacosamide; or
(d) ezogabine; or
(e) stimulant therapy for pediatric patients
				less than age 14.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.10 - PHYSICIAN, PHYSICIAN ASSISTANTS AND ANESTHESIOLOGIST ASSISTANTS TREATED WITH OPIATES

Current through Register Vol. 35, No. 13, July 16, 2024
Physicians, physician assistants or anesthesiologist
				  assistants who have chronic pain and are being treated with opiates shall be
				  evaluated by a pain clinic or, by a physician pain specialist, and must have a
				  complete, independent neuropsychological evaluation, as well as clearance from
				  their physician, before returning to or continuing in practice. In addition,
				  they must remain under the care of a physician for as long as they remain on
				  opiates while continuing to practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.11 - CONTINUING EDUCATION FOR THE PRESCRIBING OF CONTROLLED SUBSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
This section applies to all New Mexico medical board
				  licensees who hold a federal drug enforcement administration registration and a
				  New Mexico controlled substances registration. Pursuant to the Pain Relief Act,
				  in order to ensure that all such health care practitioners safely prescribe for
				  pain management and harm reduction, the following rules shall apply.
A.
Immediate requirements effective
				November 1, 2012.
Between November 1, 2012 and no later than June 30,
				2014, all New Mexico medical board licensees who hold a federal drug
				enforcement administration registration and a New Mexico controlled substances
				registration, shall complete no less than five continuing medical education
				hours in appropriate courses that shall include:
(1) an understanding of the pharmacology and
				risks of controlled substances;
(2)
				a basic awareness of the problems of abuse, addiction and diversion;
(3) awareness of state and federal
				regulations for the prescription of controlled substances;
(4) management of the treatment of pain;
				and
(5) courses may also include a
				review of this rule 16.10.14 NMAC the applicability of such courses toward
				fulfillment of the continuing medical education requirement is subject to
				medical board approval. Practitioners who have taken continuing medical
				education hours in these educational elements between July 1, 2011 and November
				1, 2012, may apply those hours toward the required five continuing medical
				education hours described in Subsection A of 16.10.14.11 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.12 - NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the notice of procedures set forth in the
				  State Rules Act, Section
				  14-4-1 et
				  seq NMSA 1978, the board shall separately notify the following persons of the
				  Pain Relief Act and Part 14 of the New Mexico medical board rule, 16.10.14
				  NMAC;
A. health care practitioners
				under its jurisdiction; and
B. a
				health care practitioner being investigated by the board in relation to the
				practitioner's pain management services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 14 - MANAGEMENT OF PAIN AND OTHER CONDITIONS WITH CONTROLLED SUBSTANCES › Section 16.10.14.13 - REQUIREMENTS FOR LICENSEES OF THE NEW MEXICO MEDICAL BOARD WHO PRESCRIBE, DISTRIBUTE OR DISPENSE OPIOID ANALGESICS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A health care provider who prescribes,
				distributes or dispenses an opioid analgesic for the first time to a patient
				shall advise the patient on the risks of overdose and inform the patient of the
				availability of an opioid antagonist. With respect to a patient to whom an
				opioid analgesic has previously been prescribed, distributed or dispensed by
				the health care provider, the health care provider shall advise the patient on
				the risks of overdose and inform the patient of the availability of an opioid
				antagonist on the first occasion that the health care provider prescribes,
				distributes or dispenses an opioid analgesic each calendar year.
B. A health care provider who prescribes an
				opioid analgesic for a patient shall co-prescribe an opioid antagonist if the
				amount of opioid analgesic being prescribed is at least a five-day supply. The
				prescription for the opioid antagonist shall be accompanied by written
				information regarding the temporary effects of the opioid antagonist and
				techniques for administering the opioid antagonist. That written information
				shall contain a warning that a person administering the opioid antagonist
				should call 911 immediately after administering the opioid
				antagonist.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.1 - 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 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to physician assistants and their
				  supervising physicians.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to 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 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 16, 2018, 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 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part regulates the licensing and practice of physician
				  assistants and their supervision by or collaboration with licensed
				  physicians.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"AAPA"
means American academy of physician assistants.
B.
"Interim license"
means
				permission issued by the board that allows a physician assistant to practice
				for one year pending completion of all licensing requirements.
C.
"Effective supervision"
means
				the exercise of physician oversight, control, and direction of services
				rendered by a physician assistant. Elements of effective supervision include:
(1) on-going availability of direct
				communication, either face-to-face or by electronic means;
(2) active, ongoing review of the physician
				assistants services, as appropriate, for quality assurance and professional
				support;
(3) a predetermined plan
				for emergency situations; and
(4)
				identification of other supervising physicians, as appropriate to the practice
				setting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 15 - PHYSICIAN ASSISTANTS: LICENSURE AND PRACTICE REQUIREMENTS › Section 16.10.15.8 - QUALIFICATIONS FOR LICENSURE AS A PHYSICIAN ASSISTANT UNDER SUPERVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. graduation from
				a program for physician assistants accredited by the committee on allied health
				education and accreditation (CAHEA) of the American medical association, the
				accreditation review committee on education for the physician assistant
				(ARC-PA) or its successor agency, or passed the physician assistant national
				certifying examination administered by NCCPA prior to 1986 and has proof of
				continuous practice with an unrestricted license as a physician assistant in
				another state for four years prior to application;
B. current NCCPA certification or
				certification by another certifying agency approved by the board;
C. supervising physician per
				16.10.15.11;
D. good moral and
				professional character; and
E. any
				other proof of competency as may be requested by the board.