reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.16 - PROVISIONS FOR PHYSICIAN LICENSURE DURING A DECLARED DISASTER

Current through Register Vol. 35, No. 13, July 16, 2024
The board will make accommodations for physicians who have
				  been impacted by a major disaster. Based on the nature of the disaster, the
				  extent of the damage, and the number of individuals and institutions that have
				  been affected, the board may waive documentation requirements for any new or
				  pending applications when the disaster delays or prohibits the procuring of the
				  required documents. The board may also waive any required fees for applications
				  submitted after the major disaster. The board will determine the length of time
				  the emergency provisions will be in effect for each major disaster that results
				  in applications for a federal emergency license.
A.
Federal emergency license by
				examination:
Physicians currently licensed in a state in which a major
				disaster has been declared may be issued a federal emergency license in New
				Mexico. The board may waive specific documentation required in Subsection B
				through E of
				16.10.2.9 NMAC if the applicant is
				unable to obtain the documentation from individuals or institutions located in
				the disaster area. Nothing in this provision shall constitute a waiver of the
				requirements for licensure contained in Subsection A of
				16.10.2.9 NMAC.
B.
Federal emergency license by
				endorsement:
Physicians currently licensed in a state in which a major
				disaster has been issued a federal emergency license in New Mexico. The board
				may waive specific requirements of Subsection B of
				16.10.2.10 NMAC if the applicant
				is unable to obtain the documentation from individuals or institutions located
				in the disaster area. Nothing in this provision shall constitute a waiver of
				the requirements for licensure contained in Subsection A of
				16.10.2.10 NMAC. The following
				requirements will apply to applicants under this provision:
(1) a completed signed application, is
				required, accompanied by proof of identity, which may include a copy of a
				driver's license, passport or other photo identification issued by a
				governmental entity;
(2) the board
				will consider the required three years of practice experience to be met through
				any combination of postgraduate medical education and actual work
				experience;
(3) the board may waive
				any requirements for recommendation forms or verification of work experience
				forms;
(4) other required
				verification will be obtained online by board staff to include: current
				licensure status, national practitioners data bank (NPDB), federation of state
				medical board (FSMB) disciplinary database, American medical association or AOA
				records of education and postgraduate training, and the records of the American
				board of medical specialties or AOA-BOS to confirm board certification
				status.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.17 - EXPEDITED MEDICAL LICENSURE FOR MILITARY AND SPOUSES LICENSED IN ANOTHER JURISDICTION

Current through Register Vol. 35, No. 13, July 16, 2024
If a military service member, the spouse of a military
				  service member, or a recent veteran submits an application for a medical
				  license and is a qualified applicant pursuant to this part, the board shall
				  expedite the processing of such application and issue the appropriate license
				  as soon as practicable. Any qualified applicant seeking expedited consideration
				  pursuant to this section shall submit a copy of form DD214 with their
				  application.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.18 - TEMPORARY LICENSURE EXEMPTION FOR OUT OF STATE SPORTS TEAM PHYSICIAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Physician who is
				licensed in good standing to practice medicine in another state, and who has
				never been disciplined by the New Mexico medical board, may practice medicine
				without a license provided that:
(1) the
				physician has a written agreement with the out-of-state sports team governing
				body to provide health care services to an out-of-state sports team athlete or
				staff member at a scheduled sporting event;
(2) the physician's practice is limited to
				medical care to assist injured and ill players and staff and coordinate
				appropriate referral to in-state health care providers as needed;
(3) the healthcare services to be provided by
				the physician are within the scope of practice authorized pursuant to the
				medical practice act and rules of the board; and
(4) the physician has professional liability
				coverage for the duration of the sporting event.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.19 - NATIONWIDE CRIMINAL HISTORY SCREENING

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants for initial licensure in any category in New
				  Mexico are subject to a state and national criminal history screening at their
				  expense. All applicants must submit two full sets of fingerprints, completed
				  fingerprint certificate form, signed authorization for criminal background
				  screening and fee at the time of application.
A. Applications for licensure will not be
				processed without submission of fingerprints, completed fingerprint certificate
				form, signed authorization for criminal background screening and fee.
B. Applications will be processed pending the
				completion of the nationwide criminal background screening and may be granted
				while the screening is still pending.
C. If the criminal background screening
				reveals a felony or a violation of the Medical Practice Act, the
				applicant/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 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.20 - CRIMINAL ARRESTS AND CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Arrests:
The Board shall not
				exclude from licensure a person who is otherwise qualified on the sole basis
				that the person has been previously arrested for or convicted of a crime unless
				the person has a disqualifying criminal conviction.
B. Convictions for any of the following
				misdemeanor or felony offenses, or their equivalents in any other jurisdiction,
				are disqualifying criminal convictions that may disqualify an applicant from
				receiving or retaining a license or certificate issued by the board:
(1) homicide;
(2) aggravated assault, aggravated battery,
				kidnapping, false imprisonment, human trafficking, stalking, or other crimes of
				violence against persons;
(3)
				robbery, larceny, burglary, extortion, receiving stolen property, possession of
				burglary tools, unlawful taking of a motor vehicle, or other crimes involving
				theft or appropriation of personal property or funds;
(4) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, child solicitation, or
				other crimes constituting sexual offenses;
(5) crimes against children; crimes involving
				child abuse or neglect; child sexual exploitation, child pornography;
(6) driving under the influence of
				intoxicating liquor or drugs;
(7)
				trafficking controlled substances;
(8) fraud, forgery, money laundering,
				embezzlement, credit card fraud, counterfeiting, financial exploitation, or
				other crimes of altering any instrument affecting the rights or obligations of
				another;
(9) making a false
				statement under oath or in any official document;
(10) evasion of a lawful debt or obligation,
				including but not limited to tax obligations; or
(11) an attempt, solicitation or conspiracy
				involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 3 - EXAMINATIONS › Section 16.10.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the practice of medicine in New Mexico and
				  is promulgated pursuant to and in accordance with the Medical Practice Act,
				  Sections
				  61-6-1 and
				  61-6-13
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 3 - EXAMINATIONS › Section 16.10.3.5 - 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 3 - EXAMINATIONS › Section 16.10.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"COMLEX"
means comprehensive osteopathic medical licensing
				examination.
B.
"COMVEX"
means comprehensive osteopathic medical variable-purpose
				examination.
C.
"ECFMG"
means educational commission for foreign medical
				graduates.
D.
"FLEX"
means federal licensing exam.
E.
"LMCC"
means licentiate of the medical council of
				Canada.
F.
"NBME"
means national board of medical examiners.
G.
"NBOE"
means national board
				of osteopathic examination.
H.
"PLAS"
means post-licensure assessment system.
I.
"SPEX"
means special purpose
				examination.
J.
"USMLE"
means the United States medical licensing examination, an
				examination of three separate "steps".
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 3 - EXAMINATIONS › Section 16.10.3.8 - Board-approved examinations for applicants who were examined prior to January 1, 2000

Current through Register Vol. 35, No. 13, July 16, 2024
A. Graduates of
				U.S. and Canadian medical schools must have passed either the FLEX (Components
				1 & 2), the NBME (Parts I, II, & III), the USMLE (Steps 1, 2, & 3),
				the Canadian medical licensing examination (LMCC Parts 1 & 2), or a
				combination examination as defined in Subsection C.
B. International medical graduates must have
				passed the ECFMG examination with addition of either NBME-III, or USMLE-3, or
				FLEX-2, or must have passed the LMCC.
C. Acceptable combination examinations
				include the following, as long as the entire combination was successfully
				completed as required in Section 10 of 16.10.3 NMAC prior to January 1, 2000;
(1) Any combination of sequential parts I,
				II, and III or Steps 1, 2, and 3 respectively of the NBME and USMLE;
(2) A New Mexico state board examination or a
				state board examination given in another state if that examination were
				equivalent to the last New Mexico state board examination. That state
				examination would be considered equivalent if it were to have contained both
				basic science and clinical components and had been taken and passed prior to
				the end of 1973 with a score of 75 or higher.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 3 - EXAMINATIONS › Section 16.10.3.9 - Board-Approved Examinations for Applicants Completing Examinations After January 1, 2000

Current through Register Vol. 35, No. 13, July 16, 2024
A. Graduates of
				U.S. medical schools are required to pass the United States Medical Licensing
				Examination (USMLE, Steps 1, 2, & 3).
B. International Medical Graduates are
				required to pass the Educational Commission for Foreign Medical Graduates
				(ECFMG) examination for English proficiency and the USMLE, Steps 1, 2 & 3
				or LMCC.
C. Graduates of Canadian
				medical schools may pass the Canadian Medical Licensing Examination (LMCC),
				Parts 1 & 2 or the USMLE Steps 1, 2 & 3.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 3 - EXAMINATIONS › Section 16.10.3.11 - SPECIAL EXAMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board may require a qualified applicant who has not been
				  actively and continuously in practice for more than 2 years prior to applying
				  for licensure, license renewal, or re-instatement, and who has previously
				  passed a board-approved examination, also to successfully complete a special
				  examination, such as the SPEX (Special Purpose Examination), the PLAS
				  (Post-Licensure Assessment System) of the Federation of State Medical Boards
				  (FSMB), or specialty re-certification examination (American Board of Medical
				  Specialties) as a requirement for such licensure. To successfully complete the
				  SPEX, the applicant must obtain a minimum score of 75.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 3 - EXAMINATIONS › Section 16.10.3.12 - OSTEOPATHIC LICENSING EXAMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
FLEX:
(1) Each applicant must earn a passing score
				of seventy-five percent or higher on each of the two components of the
				examination. The board will not accept overall or average scores.
(2) If an applicant fails either component of
				the FLEX examination, the applicant must repeat only the component failed. Upon
				failing one or both components, the applicant may repeat the component failed
				at the next administration of the examination. If the applicant fails a second
				examination, the applicant must wait one year before taking the examination for
				a third time. If the applicant fails a third time, the applicant must acquire
				one additional year of AOA approved postgraduate training before being examined
				a fourth time.
(3) Both components
				of the FLEX examination must be passed within seven years of taking the initial
				examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the practice of medicine in New Mexico and
				  is promulgated pursuant to and in accordance with the Medical Practice Act,
				  Section
				  61-6-21
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.5 - 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 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"AACOM"
means American association of colleges of osteopathic
				medicine.
B.
"AAFP"
means American academy of family physicians.
C.
"AAPS"
means American
				association of physician specialists.
D.
"ACCME"
means accreditation
				council for continuing medical education.
E.
"AMA"
means the American
				medical association.
F.
"AOA"
means American osteopathic association.
G.
"CCME"
means council on
				continuing medical education of the AOA.
H.
"CME"
means continuing
				medical education.
I.
"ABMS"
means American board of medical specialties.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.8 - HOURS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Seventy-five hours of continuing medical education are required for all medical
				licenses during each triennial renewal cycle. CME may be earned at any time
				during the licensing period, July 1 through June 30 immediately preceding the
				triennial renewal date.
B. One hour
				of required CME must be earned by reviewing the New Mexico Medical Practice Act
				and these board rules. Physicians must certify that they have completed this
				review at the time they submit their triennial renewal application.
C. Continuing medical education is not
				required for federal emergency, telemedicine, postgraduate training, public
				service, temporary teaching or youth camp or school licenses.
D. The five hours of CME in pain management
				continuing education set forth in Subsections A and B of 16.10.14.11 NMAC may
				apply toward the 75 hours required in Subsection A of this section and may be
				included as part of the required CME hours in pain management in either the
				triennial cycle in which these hours are completed, or the triennial cycle
				immediately thereafter. Each subsequent triennial renewal cycle shall include
				five hours of CME hours in pain management.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.9 - CREDIT HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
The board accepts one credit hour for every clock hour of
				  participation in a CME activity.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.10 - ACCEPTABLE AS CME

Current through Register Vol. 35, No. 13, July 16, 2024
The board will accept any of the following as fulfillment of
				  CME requirements:
A. the physician's
				recognition award of the AMA PRA Category 1 CreditT;
B. certificate of CME issued by any board or
				sub-board of the ABMS, or
C.
				certification or re-certification by an ABMS approved specialty board during
				the renewal period;
D. active
				membership in the AOA;
E.
				certification or recertification by an osteopathic specialty board during the
				triennial cycle;
F. passage of the
				COMVEX or SPEX during the triennial cycle.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.13 - VERIFICATION OF CME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				physician renewing a license shall attest that they have obtained the required
				hours of CME. The board shall select renewal applications for audit to verify
				completion of acceptable CME. The board may audit CME records at any time. CME
				records must be maintained by the licensee for one year following the renewal
				cycle in which they are earned.
B.
				The board, or a designee of the board, may offer any physician who is unable to
				provide required documentation upon request a settlement in lieu of initiating
				disciplinary action. Settlements may include a letter of reprimand and a $500
				fine, reportable to the healthcare integrity and protection data
				bank.
C. Any physician who fails to
				respond to a CME audit shall be considered in violation of Section
				61-6-15.D(23)
				of the Medical Practice Act, failure to provide the board with information
				requested by the board. Potential sanctions include fines, letters of
				reprimand, or license suspension or revocation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.14 - ACCEPTABLE DOCUMENTATION OF CME INCLUDES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Photocopies of original certificates or
				official letters from course sponsors or online providers.
B. Postgraduate CME hours must be documented
				and attested either by the dean of the medical school, the chief of service,
				the course director, or an equivalent authority.
C. Advanced degree studies must be documented
				and attested either by the dean of the medical school, the chief of service,
				the course director, or an equivalent authority.
D. Teaching hours must be documented and
				attested either by the dean of the medical school, the chief of service, the
				course director, or an equivalent authority.
E. Preceptor hours must be documented and
				attested either by the dean of the medical school, the chief of service, the
				course director, or an equivalent authority.
F. Papers or publications must be documented
				with a copy.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 4 - CONTINUING MEDICAL EDUCATION › Section 16.10.4.15 - EMERGENCY DEFERRAL

Current through Register Vol. 35, No. 13, July 16, 2024
A physician unable to fulfill the CME requirements prior to
				  the date of license expiration may apply to the board for an emergency deferral
				  of the requirements by submitting a request in writing no later than July 1 of
				  the renewal year. A designee of the board may grant a deferral of up to 90
				  days.
A. In case of illness or other
				documented circumstances, the board may grant an additional extension of time
				in which the necessary credits may be earned. The request must be made in
				writing prior to the end of the emergency deferral, and must be approved by the
				board.
B. A licensee practicing or
				residing outside the United States shall not be required to fulfill the CME
				requirements for the period of the absence. The board must be notified prior to
				license expiration that the licensee will be outside the US, including the
				period of the absence. Upon return to the US, the licensee shall complete the
				CME required for the years of practice within the US during the renewal cycle,
				or apply for an emergency deferral.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.3 - 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, the Uniform
				  Licensing Act, Section
				  61-1-1 through
				  61-1-33 NMSA 1978, the Impaired
				  Health Care Provider Act, Section
				  61-7-1 through
				  61-7-12 NMSA 1978, the Genetic
				  Counseling Act, Section
				  61-6A-1 through
				  61-6A-10 NMSA 1978, the
				  Polysomnography Practice Act, Section
				  61-6B-1 through
				  61-6B-10 NMSA 1978, the
				  Naprapathic Act, Sections
				  61-12F-1 through
				  61-12F-13 NMSA 1978, and the
				  Naturopathic Doctors' Act, Section
				  61-12G-1 through
				  61-12G-11 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 05, 2023, unless a later date at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes procedures for license denial,
				  revocation of license, suspension of license, probation, censure and reprimand,
				  fines, costs and stipulations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"License"
means a document granting legal permission to any
				practitioner licensed pursuant to the medical practice act, to practice in the
				state of New Mexico.
B.
"Licensee"
means any practitioner governed by the medical practice
				act, who has been granted permission to practice in the state of New
				Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.8 - DISCIPLINARY POWER OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Sections
				  61-6-5,
				  61-6-8,
				  61-6-15 and
				  61-7-8 NMSA, 1978, the board has
				  the power to suspend or revoke a license, place a licensee on probation under
				  such terms and conditions as the board deems necessary after a hearing or
				  pursuant to a stipulation with a licensee. Further, under the Medical Practice
				  Act the board has the power to deny a license application, to deny a license
				  renewal, to censure, to reprimand or to fine a licensee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.9 - REVOCATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Action prior to revocation:
Prior to revoking any license for any
				violation of the Medical Practice Act, or the Impaired Health Care Provider
				Act, the board shall give the licensee written notice and an opportunity to
				request a hearing pursuant to the Uniform Licensing Act.
B.
Terms of revocation:
A
				licensee whose license is revoked may not practice in any manner under that
				license.
C.
Revocation under
				the Medical Practice Act:
All revocations pursuant to the Medical
				Practice Act are permanent and no such license revoked shall be reinstated.
				Persons seeking licensure after revocation under the Medical Practice Act shall
				file a new application for licensure with the board, under the rules for new
				applicants.
D.
Relicensing
				after revocation under the Impaired Health Care Provider Act:
A licensee
				whose license has been revoked pursuant to the Impaired Health Care Provider
				Act may petition for reinstatement pursuant to Section
				61-7-9 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.10 - SUSPENSION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Action prior to suspension:
Except as provided in the Impaired
				Health Care Provider Act, or in a disciplinary order entered after a hearing,
				or pursuant to Subsection C of
				16.10.5.15 NMAC below, prior to
				suspending any license, the board shall give the licensee written notice and an
				opportunity to request a hearing pursuant to the Uniform Licensing
				Act.
B.
Terms of
				suspension:
The board may suspend a license for a specified period of
				time. A licensee whose license is suspended may not practice in any manner
				under that license during the period of suspension.
C.
Reinstatement:
Unless
				otherwise established by the board:
(1) If
				the board sets a date after which a license may be reinstated, the board will
				consider an application for reinstatement only after that date. The licensee
				may apply for reinstatement on a yearly basis thereafter.
(2) A licensee whose license has been
				suspended pursuant to the Impaired Health Care Provider Act may apply for
				reinstatement pursuant to Section
				61-7-9 NMSA1978, if the licensee
				can meet the statutory requirements. If the reinstatement is denied, the
				licensee may apply for reinstatement on a yearly basis
				thereafter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.11 - PROBATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
Probation means to allow, for a stated period of time,
				the conduct authorized by a license, subject to a licensee's license conditions
				or other restrictions that are reasonably related to the grounds for such
				restrictions. The board may stay any disciplinary action taken and place a
				licensee on probation with a requirement that the licensee comply with certain
				terms and conditions. The board may also place a licensee on probation without
				taking other disciplinary action.
B.
Terms of probation:
The terms
				of the probation shall be set forth in writing. The licensee on probation may
				continue to practice under the license so long as the licensee complies with
				all terms of probation.
C.
Violation of probation:
If the terms of the probation are
				violated, the board shall give the applicant written notice and an opportunity
				to request a hearing pursuant to the Uniform Licensing Act prior to taking
				further disciplinary action, unless the order of probation contains a provision
				for the immediate suspension of the license. The initial order of probation may
				also contain a provision for a new stated period or term of probation if any
				term of probation is violated.
D.
Conditions of probation:
Conditions of probation may include
				monitoring or other directed management or supervision during the stated period
				of probation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.12 - CENSURE AND REPRIMAND

Current through Register Vol. 35, No. 13, July 16, 2024
The board may issue a letter of censure or reprimand to a
				  licensee for any
minor
violation of the Medical
				  Practice Act pursuant to Section
				  61-1-3 of the Uniform Licensing
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.13 - FINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may
				impose a fine on a licensee for each violation of the Medical Practice Act
				after giving the licensee written notice and an opportunity to request a
				hearing pursuant to the Uniform Licensing Act. If the licensee's action
				constitutes more than one violation of the Medical Practice Act, the board may
				impose a fine for each violation.
B. The board may impose a fine in an amount
				not to exceed ten thousand dollars ($10,000) for each violation against a
				person who, without an active license, engages in a violation of the Medical
				Practice Act.
C. All fines
				collected by the board pursuant to Subsection B of
				16.10.5.13 NMAC shall be deposited
				to the credit of the current school fund as provided in Section 4 of Article 12
				of the constitution of New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.14 - STIPULATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Power to
				enter into stipulations:
The board may come to an agreement and enter
				into a stipulation with a licensee at any time. In a stipulation, the parties
				may agree to any disciplinary or other action that the board is authorized to
				take by law.
B.
Contents:
The stipulation shall be in writing, shall contain the
				agreed upon conditions or restrictions on the licensee and shall be signed by
				the board and the licensee. The stipulation shall contain statements that the
				licensee:
(1) knows and understands the
				applicable statutory and regulatory provisions setting forth the authority and
				power of the board; and
(2)
				understands that entering into a stipulation regarding the case results in a
				waiver of the licensee's rights under the Uniform Licensing Act, the Medical
				Practice Act, or the Impaired Health Care Provider Act, as applicable,
				including the right to appeal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.15 - SUMMARY SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
This is a formal preliminary disciplinary action that
				  summarily suspends a licensee's right to practice. The summary suspension
				  remains in effect until a further order of the board is entered. The licensee
				  has an opportunity for a full hearing before the board on the summary
				  suspension.
A. The board may summarily
				suspend or restrict a license issued by the board without a hearing,
				simultaneously with, or at any time after, the issuance of a notice of
				contemplated action (NCA) and the initiation of proceedings for a hearing
				provided for under the Uniform Licensing Act on the NCA, if the board finds
				that evidence in its possession indicates that the licensee:
(1) poses a clear and immediate danger to the
				public health and safety if the licensee continues to practice; or
(2) has been adjudged mentally incompetent by
				a final order or adjudication by a court of competent jurisdiction;
				or
(3) has pled guilty to or been
				found guilty of any offense related to their practice or for any violent
				criminal offense in this state or a substantially equivalent criminal offense
				in another U.S. jurisdiction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 5 - DISCIPLINARY POWER OF THE BOARD › Section 16.10.5.16 - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Limitations on
				actions are governed by Section
				61-6-24 NMSA 1978.
B. For purposes of Subsection 1 of Section
				61-1-3 NMSA 1978, discovery of the
				conduct by the board is considered the date on which a complaint or other
				information that would reasonably connect the allegations to the licensee was
				received by the board or board staff.
C. Receipt of a complaint by the board or
				board staff is established by the complaint and investigation process published
				in 16.10.6.8 NMAC.
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 16.10.6.1 - 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 6 - COMPLAINT PROCEDURE AND INSTITUTION OF DISCIPLINARY ACTION › Section 16.10.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to applicants, licensees and members of 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 16.10.6.3 - 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, the Uniform
				  Licensing Act, Section
				  61-1-1 through
				  61-1-33 NMSA 1978, Impaired
				  Physician Act, Section
				  61-7-1 through
				  61-7-12 NMSA 1978 and the Parental
				  Responsibility Act Section
				  40-5A-1 through 13 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 16.10.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 05, 2023, unless a later date at the end of a
				  section.
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 16.10.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes a procedure for investigating
				  complaints, issuing notices of contemplated action, holding hearings and making
				  decisions in disciplinary proceedings.
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 16.10.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Licensee"
as used in this part means a
				  physician, a physician assistant, anesthesiologist assistant, genetic
				  counselor, or polysomnographic technologist who holds a current license to
				  practice in New Mexico or who is applying for licensure, license renewal or
				  license reinstatement.
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 16.10.6.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A complaint may be filed against a physician, physician
				  assistant, anesthesiologist assistant, genetic counselor, or polysomnographic
				  technologist. All complaints must be in writing. The date of receipt of the
				  complaint shall begin the running of the statute of
				  limitation.
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 16.10.6.9 - COMPLAINT RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall maintain a record of all complaints filed.
				  The complaint record is confidential.
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 16.10.6.10 - COMPLAINT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The chair of the board shall appoint at least one member of
				  the board to serve on each complaint committee. A complaint committee shall
				  review each complaint charging a physician, physician assistant,
				  anesthesiologist assistant, genetic counselor, or polysomnographic technologist
				  with unprofessional conduct or other violations under the Medical Practice
				  Act.
A. The complaint committee may
				refer complaints to other board members or experts in the field for a
				determination of merit.
B. Upon
				completion of an investigation, the complaint committee shall submit its
				recommendations to the board. After submitting their recommendations to the
				board, the members of the complaint committee shall recuse themselves from all
				further proceedings in that case.
C. The complaint committee, on behalf of the
				board, may issue investigative subpoenas. Failure to comply with a subpoena may
				result in the initiation of a contempt procedure as set forth in 61-1-10 NMSA
				1978 or in the service of a notice of contemplated action (NCA) pursuant
				Subsection D of Section
				61-6-15 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 16.10.6.11 - NOTICE TO ANY PRACTITIONER LICENSED BY THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
If the complaint committee determines that it will not impede
				  an investigation and will not interfere with the procurement of testimony or
				  development of the case, the complaint committee may inform the practitioner
				  licensed by the board about whom the complaint is made, of the nature of the
				  complaint and may request a response to the allegations.
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 16.10.6.12 - INVESTIGATIVE SUBPOENA

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Sections
				  61-6-23 and
				  61-1-9 NMSA 1978 the board may
				  issue investigative subpoenas. Investigative subpoenas may be signed by the
				  executive director of the board at the request of the chair or complaint
				  committee. Failure to comply with a subpoena may result in the initiation of a
				  contempt procedure as set forth in Section
				  61-1-10, NMSA 1978 of the service
				  of a notice of contemplated action pursuant to Subsection D of Section
				  61-6-15 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 16.10.6.13 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to a complaint or on its own motion, the board may
				  serve upon an applicant or licensee a notice of contemplated action for any
				  alleged violation of the Medical Practice Act or the Impaired Health Care
				  Provider Act. All notices of contemplated action shall comply with the Uniform
				  Licensing Act, Section
				  61-1-4 NMSA 1978, and shall be
				  served on the applicant or licensee personally or by certified mail, return
				  receipt requested, at the applicant's or licensee's last known address as shown
				  in the board's records. The executive director may sign a notice of
				  contemplated action that is the result of a formal board
				  action.
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 16.10.6.14 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If an applicant
				or licensee requests a hearing after receiving a notice of contemplated action,
				all proceedings, including the hearing before the board, shall be governed by
				the Uniform Licensing Act.
B. The
				parties may agree to conduct any hearing by virtual remote means and the
				hearing shall be recorded.
C.
				Correspondence sent by a licensee, applicant, or unlicensed person through
				other methods, including electronic or physical mail, should be reasonably
				accepted, and processed by the board.
D. Correspondence to the board during an
				administrative prosecution, beginning with the filing of a notice of summary
				suspension and notice of contemplated action, shall not be accepted and
				processed by the board or board staff.
E. Correspondence during an administrative
				prosecution shall be sent to the hearing officer for receipt and inclusion in
				the record. Any action shall be taken by the hearing officer and not a member
				of the board or board staff.
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 16.10.6.15 - CASE MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Once the board serves a notice of contemplated action, an
				  administrative prosecutor shall prepare the case for prosecution before the
				  board. The board as a whole shall not participate in the development of the
				  case after it serves a notice of contemplated action.
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 16.10.6.16 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Excusal of a board member or hearing officer initiated by a party:
Excusal of a board member or hearing officer shall be in accordance with
				Section 61-1-7 NMSA 1978. Untimely
				excusals or request for excusals will not be allowed.
B.
Disqualification of a board
				member:
A board member may disqualify him or herself from hearing and
				rendering a decision in the case if the board member believes it is in the best
				interest of the board or the parties to do so. Any member of the board who is
				unable to make an unbiased decision in a hearing because of pre-hearing review
				of documents or interview of witnesses must disqualify him or herself from
				participation in formal disciplinary action.
C.
Peremptory challenge of hearing
				officer in the case of more than one hearing under one case number:
When
				the board initiates a case proceeding under one case number and the proceeding
				includes both a notice of summary suspension and a notice of contemplated
				action and the appointment of a hearing officer only one peremptory challenge
				shall be allowed. Once a peremptory challenge is made for a summary suspension
				hearing, no additional peremptory challenge is allowed before the hearing on
				the notice of contemplated action. If no peremptory challenge is made before a
				summary suspension hearing, a peremptory challenge may be timely made before
				the hearing on the notice of contemplated action.
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 16.10.6.17 - PRE-HEARING CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  61-1-9 NMSA 1978, or upon the
				  motion of a party, the board or hearing officer may conduct a pre-hearing
				  conference. At the conference the parties shall determine the feasibility of
				  settlement, formulate or simplify the issues in the proceeding, consider the
				  necessity or desirability of amending the pleadings, obtain admissions and
				  stipulations of fact, place limitations upon or determine the number of
				  witnesses, distribute written testimony and exhibits, and dispose of such other
				  matters as may aid in the disposition of the case. The board shall give all
				  parties at least 10 days notice of the pre-hearing conference, provided however
				  that parties may waive the 10 day notice requirement. Any settlement or
				  simplification of issues resulting from the pre-hearing conference must be
				  consented to by the licensee or applicant.