reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.11 - ADDRESSING A SHORTAGE OF MEDICAL CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the division allowing commercial
				cannabis retail sales, cannabis retail establishments shall make reasonable
				efforts to sell a minimum of twenty-five percent of their monthly cannabis
				sales to qualified patients, primary caregivers, and reciprocal participants,
				or to other licensed cannabis retail establishments that meet or exceed the
				twenty-five percent sales to qualified patients, primary caregivers, and
				reciprocal participants until December 31, 2022.
B. Upon the division allowing commercial
				cannabis retail sales, licensed cannabis producers, including cannabis producer
				microbusinesses, vertically integrated cannabis establishments, and integrated
				cannabis microbusinesses, and cannabis manufactures shall make reasonable
				effort to sell wholesale to licensed cannabis retail establishments that meet
				or exceed the twenty-five percent sales to qualified patients, primary
				caregivers and reciprocal participants until December 31, 2022.
C. After December 31, 2022, the division may
				take the following measure to address a shortage of cannabis supply in the
				medical cannabis program:
(1) require all
				licensed cannabis retail establishments to ensure that at least ten percent of
				their cannabis and cannabis products in stock on a monthly basis is designated
				for sale to qualified patients, primary caregivers, and reciprocal
				participants; or
(2) reduce the per
				plant fee for designated medical cannabis plants to incentivize increased
				production of cannabis plants to remedy a shortage of cannabis supply in the
				medical cannabis program; and
(3)
				after having first exhausted measures to increase production of cannabis
				plants, the division may exclude commercial cannabis activity from the scope of
				new licenses issued to initial applicants for a vertically integrated cannabis
				establishment, cannabis producer, integrated cannabis microbusiness, cannabis
				producer microbusiness, or cannabis manufacturer license, which limitation
				shall be in force for a period of at least six months; and
(4) require licensees who are licensed to
				produce cannabis to produce a specified quota of mature cannabis plants to be
				designated for use in the medical cannabis program, provided that:
(a) the division may require a licensee to
				devote no more than twenty-five percent of the licensee's cultivated cannabis
				plants on a monthly basis for use in the medical cannabis program;
				and
(b) the division may require
				additional specific tracking of cannabis plants.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.12 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to applicants for cannabis server permit
				  education provider and a cannabis server permit pursuant to the Cannabis
				  Regulation Act, the Lynn and Erin Compassionate Use Act or division rules, and
				  where applicable, the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 12, 2022, unless an earlier date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 is to set forth the provisions that
				  apply to cannabis server permit education and server permits.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 16,
				  Chapter 8, Part 1, have the same meanings as set for in 16.8.1 NMAC, the
				  Cannabis Regulation Act, and the Lynn and Erin Compassionate Use
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.9 - PROVIDER, INSTRUCTOR AND PROGRAM CERTIFICATION; RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certification required: Any person seeking
				certification as a provider, instructor or program must submit an application
				to the division for approval in accordance with this section. An on-line
				program and a classroom program cannot be combined into one
				application.
B. Applications for
				providers and programs:
(1) Providers and
				instructors:
(a) the name and qualifications
				of the provider or the name and qualifications of the instructor(s), including
				a resume, references and the name of the certified program that applicant
				intends to administer;
(b) for
				on-line providers, the name and address of all entities owning, profiting, or
				both from the administration of the on-line course;
(c) fees that will be charged to take the
				program; and
(d) any other relevant
				information as may be required by the director.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.12 - VIOLATION OF PROVIDER AND PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The division may take disciplinary action against any
				  program, or refuse to renew licensure, when the division determines
				  that:
A. a provider, instructor or an
				agent, knowingly provided false information to the division with regard to
				completion of a program by any person;
B. a provider, instructor or an agent, failed
				to conduct the program as approved by the division;
C. any person filing an application with the
				division for licensure of a provider, instructor or program knowingly submitted
				false information to the division;
D. a provider failed to provide to the
				division complete, timely reports of applicants who satisfactorily completed
				the program; or
E. a provider or
				instructor otherwise failed to comply with the alcohol server education article
				or these rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 10 - CANNABIS SERVERS LICENSING AND TRAINING PROGRAM › Section 16.8.10.13 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all applicants and licensees applying
				  for licensure and renewal of licensure under all license types as set forth in
				  the Cannabis Regulation Act and the Lynn and Erin Compassionate Use
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 11 is to establish a uniform schedule
				  of fees applicable to licenses issued under the Cannabis Regulation
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 16,
				  Chapter 8, Part 1, have the same meanings as set forth in 16.8.1 NMAC, the
				  Cannabis Regulation Act, and the Lynn and Erin Compassionate Use
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.9 - ANNUAL LICENSING FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Every application for the issuance or renewal of the
				  following licenses shall be accompanied by an annual licensing fee in the
				  following specified amounts:
A.
Cannabis courier license:
$250 annually
Each additional licensed premises of the licensee: $100
				  annually
B.
Cannabis
				testing laboratory license:
$2,500 annually
Each additional licensed premises of the licensee: $1,000
				  annually
C.
Cannabis
				manufacturer license:
$2,500 annually
Each additional licensed premises of the licensee: $1,000
				  annually
D.
Cannabis
				producer license:
$2,500 annually
Each additional licensed premises of the licensee: $1,000
				  annually
E.
Cannabis
				retailer license:
$2,500 annually
Each additional licensed premises of the licensee: $1,000
				  annually
F.
Cannabis
				research laboratory license:
$2,500 annually
Each additional licensed premises of the licensee: $1,000
				  annually
G.
Vertically integrated cannabis establishment license:
$7,500
				annually
Each additional licensed premises of the licensee: $1,000
				  annually
H.
Cannabis
				producer microbusiness license:
$1,000 annually
I.
Integrated cannabis microbusiness
				license:
$2,500 annually
J.
Cannabis consumption area:
$2,500 annually
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.10 - FEES FOR THE ADMINISTRATION OF LICENSING

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall collect fees for the administration of
				  licensing activities in the following specified amounts:
A. License amendments as set forth in 16.8.2
				NMAC $75 per amendment.
B.
				Designation of a non-controlling person as an agent $75 per
				designation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.11 - ANNUAL PER PLANT FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commercial cannabis plants:
Except for cannabis producer
				microbusinesses and integrated cannabis microbusinesses, a licensee cultivating
				commercial cannabis plants shall be assessed an additional annual fee per
				mature cannabis plant at the time of licensing, incremental increase as set
				forth in 16.8.8.10 NMAC, and licensure renewal as set forth in 16.8.2.17 NMAC.
				Plant fee shall be accessed based on the plant limit license designation as set
				forth in Subsection A in 16.8.8.9 NMAC, as follows:
(1) Level 1: $5.00 per mature cannabis
				plant;
(2) Level 2: $5.00 per
				mature cannabis plant;
(3) Level 3:
				$5.00 per mature cannabis plant; and
(4) Level 4 and above: $5.00 per mature
				cannabis plant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.12 - FEE LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Application, license, premises and plant fees, or license
				  renewal, premises renewal and annual plant fees shall not exceed $125,000 for a
				  vertically integrated cannabis establishment license for both medical cannabis
				  activity and commercial cannabis activity. License fees or renewal fees for a
				  license that authorizes only medical cannabis activity shall be one-half the
				  fee applicable to a license authorizing both medical cannabis activity and
				  commercial cannabis activity.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.13 - PROHIBITED ACTIVITY AND IMPACTS ON FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Cannabis producer microbusiness or integrated cannabis
				  microbusinesses entering into a business arrangement with another licensee with
				  the purpose or having the effect of evading the limitations of the licensee's
				  license shall not be eligible for the lower fee prescribed in Subsections H and
				  I of 16.8.11.9 NMAC. Upon entering into such an arrangement, the licensees
				  shall immediately pay the per-plant fee as set forth in 16.8.11.11 NMAC and the
				  applicable fee for a producer license or vertically integrated cannabis
				  establishment license as set forth in 16.8.11.9 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.14 - FEE PAYMENT TYPES ACCEPTED

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall accept payment for annual licensing fees
				  and annual per plant fees from sources including credit cards, debit cards,
				  electronic checks, electronic bank transfers, automated clearing house
				  payments, or cashier's checks. Other forms of payment, including cash, shall
				  not be accepted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.15 - RENEWAL FEE COLLECTION TIMING

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall collect all renewal fees, including annual
				  per plant fees, at the time of renewal of a license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 11 - FEES › Section 16.8.11.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees and applicants for
				  licensure pursuant to the Cannabis Regulation Act, the Lynn and Erin
				  Compassionate Use Act, and division rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 12, 2022, unless an earlier date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 12 is to promote, preserve, and protect
				  the public health and safety by regulating the safe production, testing,
				  wholesale, and consumption of commercial and medical cannabis, as well as the
				  authority to take action against a licensee or applicant for licensure, and to
				  set forth the procedures for filing a complaint against cannabis establishment
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 16,
				  Chapter 8, have the same meanings as set forth in the Cannabis Regulation Act
				  and the Lynn and Erin Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				complaint may be initiated in writing by any person.
B. Complaints must be legible, either printed
				in black ink or typed.
C.
				Complaints must contain factual allegations, constituting the alleged
				violations of any provisions of the Cannabis Regulation Act or division
				rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.9 - COMPLAINT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A complaint may be initiated by any person in writing and
				  delivered via the division website, mail, or by visiting the division office.
				  Only complaints written on the official complaint form will be formally
				  addressed by the division. The forms required for an official complaint can be
				  obtained from the division office, located at 2550 Cerrillos Road, Santa Fe,
				  NM, 87505, or the division website.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.10 - PROCEDURES FOR RECEIPT OF A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division will maintain a written log
				of all complaints received, which records at a minimum, the date the complaint
				was received, and name, addresses of the complainant(s) and
				respondent(s).
B. Upon receipt of a
				complaint, the division will:
(1) log in the
				date the complaint was received;
(2) determine whether the respondent is
				licensed or an applicant for licensure with the division;
(3) assign a complaint number and create an
				individual file;
(4) send the
				complainant a written acknowledgment of receipt of the complaint; and
(5) at the division's discretion, investigate
				the allegations contained in the complaint to determine their veracity and
				whether the circumstances warrant any action by the division or referral to law
				enforcement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.11 - DIVISION ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division
				may:
(1) assess a civil monetary penalty that
				shall not exceed ten thousand dollars ($10,000) per violation; or
(2) suspend or revoke the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.12 - PROCEEDINGS AGAINST APPLICANT OR LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All disciplinary proceedings will be
				conducted in accordance with the Uniform Licensing Act, Section
				61-1-1 et
				seq., NMSA 1978.
B. Licensees who
				have been found culpable and sanctioned by the division shall be responsible
				for the payments of all costs of the disciplinary proceedings.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.13 - SCHEDULE OF CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subject to subsection B of this section,
				the division shall impose penalties as follows:
(1) For the first offense within a 12-month
				period, a civil monetary penalty ranging from one thousand dollars ($1,000) to
				two thousand dollars ($2,000) or possible suspension or revocation of the
				license if the licensee's discipline history shows a pattern warranting
				suspension or revocation.
(2) For
				the second offense within a 12-month period, a civil monetary penalty ranging
				from two thousand dollars ($2,000) to three thousand dollars ($3,000) or
				possible suspension or revocation of the license if the licensee's discipline
				history shows a pattern warranting suspension or revocation.
(3) For three or more offenses within a
				12-month period, a civil monetary penalty of ten thousand dollars ($10,000) and
				revocation of the license.
(4) For
				any offense involving sale or distribution of cannabis to minors, a fine of ten
				thousand dollars ($10,000) and revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.14 - SETTLEMENT AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Whenever probable cause exists that a licensee has violated a provision of the
				Cannabis Regulation Act, division rules, or any applicable state or federal
				law, and a monetary penalty or other disciplinary action may be issued to the
				licensee for such violation, an informal conference may be held with the
				licensee to determine whether a compromise of the penalty for the violation
				would be in the best interests of the state or public health and
				safety.
B. Final disciplinary
				action decisions will be mailed to the licensee.
C. A copy of the final decision shall be
				filed in the division and posted on the division website.
D. The civil monetary penalty imposed shall
				not exceed those which could be imposed after hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 12 - DENIAL, SUSPENSION, OF REVOCATION OF LICENSE; SANCTION, PLAN OF CORRECTIONS, AND CIVIL MONETARY PENALTY › Section 16.8.12.15 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to and in accordance
				  with the Medical Practice Act, sections
				  61-6-1
				  through
				  61-6-35
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 2001 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes procedures for change of name, public
				  records policies, board meetings by telephone conference call, election of
				  officers, and information sharing with other agencies.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.8 - NAME CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
Any licensee desiring to change his or her name in the board
				  record or on the license shall so notify the board and shall provide a copy of
				  a court order, marriage certificate, or other document legally effecting the
				  name change. A new wall license may be issued under the original number with
				  the changed name appearing on the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.9 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inspection. Any citizen of the state may examine public records in the board's
				custody. Persons requesting inspection of public records shall give reasonable
				notice to the board's administrator. When the records requested are in active
				use or are in storage, the requestor must notify the administrator five (5)
				days in advance. The board shall provide copies of public records upon request
				and may charge a reasonable copying and administrative fee as set forth in
				16.10.9 NMAC. No person shall remove board documents from the board
				office.
B. Non-public records.
				Pursuant to Section
				61-6-34
				NMSA 1978, all complaints against physicians and physician assistants, all
				investigation files and matters of opinion are confidential and are not subject
				to inspection.
C. Public records
				will also be available on the internet. The following public information will
				be made available on the board website:
(1)
				demographic information to include name, date of birth, business address,
				business telephone, and gender;
(2)
				education information to include medical school, date of graduation,
				self-reported specialties, board certification(s);
(3) licensing information to include number,
				status, initial license date, last renewal date, expiration date, and
				disciplinary actions taken by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.10 - MEETINGS BY TELEPHONE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section 10-15-1(C) NMSA 1978 and Section
				  61-6-3
				  NMSA, a board member may participate in a meeting of the board by means of a
				  conference telephone or other similar communications equipment under the
				  following conditions:
A. This part
				shall only apply when it is otherwise difficult or impossible for the member to
				attend the meeting in person.
B.
				Each member participating by conference telephone must be identified when
				speaking.
C. All participants must
				be able to hear each other at the same time.
D. Members of the public attending the
				meeting must be able to hear any member of the board who speaks during the
				meeting.
E. The member of the board
				participating by telephone can only vote on a matter if he/she has copies of
				the documents that are available to the members who are physically
				present.
F. The member
				participating by telephone cannot vote on any matter where the credibility of a
				witness who physically appears at the meeting is an issue that the board
				members must consider when voting on a pending matter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.11 - INFORMATION SHARING

Current through Register Vol. 35, No. 13, July 16, 2024
Any and all information in the board files regarding actual
				  or potential disciplinary actions may be disclosed to state and federal law
				  enforcement agencies and to this state's and other states' health care provider
				  and pharmacy boards upon receipt of an authorized request for the copies of the
				  information from these agencies and boards.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.12 - BOARD ELECTION OF OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board chair, vice chair, and
				secretary-treasurer are elected annually at the second quarterly
				meeting.
B. The terms of office of
				the board officers shall run from July 1st of the year of the election through
				June 30th of the subsequent year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.10.1.13 - BUSINESS ENTITIES - AUTHORIZATION TO PROVIDE HEALTHCARE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose. The
				purpose of this regulation is to clarify and confirm that certain business
				entities are and have been authorized to provide healthcare services in New
				Mexico.
B. Healthcare
				services-certain business entities. A business entity formed pursuant to the
				laws of the state of New Mexico is authorized to provide healthcare services in
				the state of New Mexico if the healthcare services are provided by or under the
				direction of persons who are duly licensed to engage in the practice of
				medicine pursuant to the provisions of the Medical Practice Act.
C. Retroactivity. This section is intended to
				be a clarification and therefore, it necessarily operates retroactively, as
				well as prospectively, and is expressly so provided.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the licensing of physicians in New Mexico
				  and is promulgated pursuant to and in accordance with the Medical Practice Act,
				  Sections 61-6-11,
				  61-6-11.1,
				  61-6-12,
				  61-6-13,
				  61-6-14,
				  61-6-15,
				  61-6-18,
				  61-6-18.1, and
				  61-6-19 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 7, 2023, 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 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes requirements and procedures for
				  licensure as a physician in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.8 - CATEGORIES OF ACTIVE LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Individuals holding one of the following categories of
				  medical license are eligible to practice medicine and surgery in New
				  Mexico.
A.
Expedited
				license:
a one-year provisional license that confers the same rights,
				privileges and responsibilities as a medical license issued by the board as
				defined in Section
				61-6-13 NMSA.
B.
Medical:
An unrestricted
				license to practice medicine and surgery.
C.
Telemedicine:
A limited
				medical license that allows a physician located outside New Mexico to practice
				medicine on patients located in New Mexico.
D.
Post-graduate:
A limited
				training license issued by the board to physicians who are enrolled in a board
				approved training program.
E.
Public service:
A limited license issued by the board to
				physicians in training who have successfully completed one year of
				post-graduate training.
F.
Temporary:
A limited license that allows a physician to practice
				medicine for a limited time after meeting certain specific
				conditions.
G.
Federal
				emergency:
An unrestricted license to practice medicine and surgery
				issued without receipt of all documentation required for a medical license
				because of a major disaster.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.9 - MEDICAL LICENSE BY EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prerequisites for licensure:
Each applicant for a license to practice as a physician in New Mexico must be
				of good moral character and must possess the following qualifications:
(1) graduated and received a diploma from a
				board approved school, completed a program determined by the board to be
				substantially equivalent to a U.S. medical school, based on board review of a
				full ECFMG certification, or the board shall, in its sole discretion, determine
				if the applicant's total educational and professional clinical experience is
				substantially equivalent to that which is required for licensure in New Mexico;
				and
(2) successfully passed one of
				the examinations or combinations of examinations defined in 16.10.3 NMAC;
				and
(3) completed two years of
				postgraduate training or been approved by the board in accordance with the
				provisions of Subsection B of Section
				61-6-11 NMSA 1978;
(4) when the board has reason to believe that
				an applicant for licensure is not competent to practice medicine it may require
				the applicant to complete a special competency examination or to be evaluated
				for competence by other means that have been approved by the board;
				and
(5) a qualified applicant who
				has not been actively and continuously in practice for more than two years
				prior to application may be required to successfully complete a special
				examination or evaluation such as, but not limited to, the SPEX (special
				purpose examination), the PLAS (post-licensure assessment system of the
				federation of state medical boards), or specialty re-certification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.10 - EXPEDITED LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prerequisites for expedited licensure:
Each applicant for a
				license to practice as a physician in New Mexico must be of good moral
				character, hold a full and unrestricted license to practice medicine in another
				state, and possess the following qualifications:
(1) have practiced medicine in the United
				States or Canada immediately preceding the application for at least three
				years;
(2) be free of disciplinary
				history, license restrictions, or pending investigations in all jurisdictions
				where a medical license is or has been held;
(3) graduated from a board approved school or
				hold current ECFMG certification; and
(4) current certification from a medical
				specialty board recognized by the ABMS or the AOA-BOS.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.11 - TELEMEDICINE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prerequisites for licensure:
Each applicant for a telemedicine
				license must be of good moral character and hold a full and unrestricted
				license to practice medicine in another state or territory of the United
				States.
B.
Required
				documentation:
Each applicant for a telemedicine license must submit the
				required fees as specified in
				16.10.9.8 NMAC and the
				documentation required by
				16.10.2.10 NMAC for an expedited
				license. An applicant for a telemedicine license shall be subject to the same
				provisions as an applicant seeking an expedited license.
(1) A completed signed application, with a
				passport quality photo taken within six months. Applications are valid for one
				year from the date of receipt.
(2)
				Verification of licensure in all states where the applicant holds or has held a
				license to practice medicine, or other health care profession. Verification
				must be received directly from the other state(s) board, and must attest to the
				status, issue date, license number, and other information requested and
				contained on the form.
(3)
				Applicants who have had previous disciplinary or other action against them may
				be required to meet with the entire board. The board may, in its discretion,
				issue a license to practice medicine across state lines if it finds that the
				previous disciplinary or other action does not indicate that the physician is a
				potential threat to the public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.12 - POSTGRADUATE TRAINING LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A postgraduate training license is required for all interns,
				  residents, and fellows enrolled in board approved training programs within the
				  state. Individuals enrolled in board approved training programs outside of New
				  Mexico may apply for a postgraduate training license as a pre-requisite to
				  obtaining a New Mexico public service license.
A.
Prerequisites for licensure:
Each applicant for a postgraduate training license must possess the following
				qualifications:
(1) graduated from a board
				approved school or completed a program determined by the board to be
				substantially equivalent to a U.S. medical school or college of osteopathic
				medicine;
(2) passed part I of the
				United States medical licensing examination (USMLE) or the comprehensive
				osteopathic medical licensing examination (COMLEX); and
(3) be of good moral character.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.13 - PUBLIC SERVICE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A resident physician may apply for a public service license,
				  which enables him to practice medicine outside the training program. The
				  resident physician must be continuing in the board approved training
				  program.
A.
Prerequisites for
				licensure:
Each applicant for a public service license shall have
				graduated from a board approved school, passed all required examinations as
				defined in 16.10.3 NMAC, and completed one year of postgraduate training. In
				addition, the applicant shall have completed an application for licensure
				including all required documentation required in Subsection B through
				Subsection E of
				16.10.2.9 NMAC, as applicable.
				Other requirements include:
(1) written
				approval from his training program director;
(2) a postgraduate training license issued by
				the New Mexico medical board;
(3) a
				resident physician with one year postdoctoral training may only apply for a
				public service license when he is under the direct supervision of a New Mexico
				physician or when employed in a medically underserved area; and
(4) if a physician is not being supervised
				directly, there must be procedures in place for a licensed New Mexico physician
				to review, on at least a quarterly basis, prescriptions written and dispensed
				for controlled substances and operative procedures performed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.14 - TEMPORARY TEACHING, RESEARCH, AND SPECIALIZED DIAGNOSTIC AND TREATMENT LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The board may issue a temporary license to physicians
				  licensed in other states or jurisdictions for the purpose of teaching,
				  conducting research, performing specialized diagnostic and treatment
				  procedures, implementing new technology, or for physician educational purposes
				  in New Mexico on a temporary basis under the supervision of a New Mexico
				  licensed physician.
A.
Prerequisites for licensure:
The applicant must:
(1) be otherwise qualified to practice
				medicine in New Mexico;
(2) hold an
				unrestricted license in another state or country;
(3) submit the name of the sponsoring or
				associating physician(s), who must be actively licensed in New
				Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS › Part 2 - PHYSICIANS: LICENSURE REQUIREMENTS › Section 16.10.2.15 - YOUTH CAMP OR SCHOOL LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The board may approve a temporary license for physicians to
				  provide temporary medical services to organized youth camps or schools. Youth
				  camp or school licenses are issued for a period not to exceed three months.
				  Practice under the temporary license shall be limited to enrollees, leaders and
				  employees of the camp or school. Applicants must be qualified for licensure in
				  New Mexico and shall submit the following documentation:
A. a completed signed application with a
				passport-quality photograph, taken within the previous six months,
				attached;
B. a verification of
				current unrestricted license from state or jurisdiction where applicant is
				currently practicing or licensed;
C. a verification of DEA permit;
				and,
D. a temporary license fee as
				set forth in
				16.10.9.8 NMAC.
E.
Licensure process:
Upon
				receipt of a completed application, including all required documentation and
				fees, board staff will request and review an AMA physician profile and FSMB
				board action databank search. When the application is complete, a member or
				agent of the board will review and may approve the application. A personal
				interview is not required unless there is a discrepancy in the application that
				cannot be resolved or if there are any actions or restrictions on any license
				held in another state or jurisdiction.