reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
11-01-13, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
It is the position of the board that practitioners have an
				  obligation to treat chronic pain and that a wide variety of medicines including
				  controlled substances and other drugs may be prescribed for that purpose. When
				  such medicines and drugs are used, they should be prescribed in adequate doses
				  and for appropriate lengths of time after a thorough medical evaluation has
				  been completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Addiction" is a
				neurobehavioral syndrome with genetic and environmental influences that results
				in psychological dependence on the use of substances for their psychic effects.
				It is characterized by behaviors that include one or more of the following:
				impaired control over drug use; compulsive use; continued use despite harm;
				and, craving. Physical dependence and tolerance are normal physiological
				consequences of extended opioid therapy for pain and should not by themselves
				be considered addiction.
B. "Acute
				pain" means the normal, predicted physiological response to a noxious chemical
				or thermal or mechanical stimulus, typically associated with invasive
				procedures, trauma or disease and is generally time-limited.
C. "Chronic pain" means pain that persists
				after reasonable medical efforts have been made to relieve the pain or its
				cause and that continues, either continuously or episodically, for longer than
				three consecutive months. "Chronic pain" does not, for purpose of the Pain
				Relief Act requirements, include pain associated with a terminal condition or
				with a progressive disease that, in the normal course of progression, may
				reasonably be expected to result in a terminal condition.
D. "Clinical expert" means a person who, by
				reason of specialized education or substantial relevant experience in pain
				management, has knowledge regarding current standards, practices and
				guidelines.
E. "Drug abuser" means
				a person who takes a drug or drugs for other than legitimate medical
				purposes.
F. "Pain" means acute or
				chronic pain or both.
G. "Physical
				dependence" means a state of adaptation that is manifested by a drug-specific
				withdrawal syndrome that can be produced by abrupt cessation, rapid dose
				reduction, decreasing blood level of the drug, administration of an antagonist,
				or a combination of these.
H.
				"Prescription monitoring program" means a centralized system to collect,
				monitor, and analyze electronically, for controlled substances, prescribing and
				dispensing data submitted by pharmacies and dispensing practitioners. The data
				are used to support efforts in education, research, enforcement and abuse
				prevention.
I. "Therapeutic
				purpose" means the use of pharmaceutical and non-pharmaceutical medical
				treatment that conforms substantially to accepted guidelines for pain
				management.
J. "Tolerance" means a
				state of adaptation in which exposure to a drug induces changes that result in
				a diminution of one or more of the drug's effects over time.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.9 - PODIATRIC PHYSICIAN TREATED WITH OPIATES

Current through Register Vol. 35, No. 13, July 16, 2024
Podiatric physicians who have chronic pain and are being
				  treated with opiates shall be evaluated by a pain clinic or, by an MD or DO
				  pain specialist, and must have a complete, independent neuropsychological
				  evaluation, as well as clearance from their physician, before returning to or
				  continuing in practice. In addition, they must remain under the care of a
				  physician for as long as they remain on opiates while continuing to
				  practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.10 - PRESCRIPTION MONITORING PROGRAM (PMP) REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The intent of the New Mexico board of podiatry in requiring
				  participation in the PMP is to assist practitioners in balancing the promotion
				  of the safe use of controlled substances for the provision of medical care and
				  services with the need to impede illegal and harmful activities involving these
				  pharmaceuticals.
A. A podiatrist who
				holds a federal drug enforcement administration registration and a New Mexico
				controlled substance registration shall register with the board of pharmacy to
				become a regular participant in PMP inquiry and reporting.
B. A podiatrist may authorize delegate(s) to
				access the prescription monitoring report consistent with board of pharmacy
				regulation 16.19.29 NMAC. While a practitioner's delegate may obtain a report
				from the state's prescription monitoring program, the practitioner is solely
				responsible for reviewing the prescription monitoring report and documenting
				the receipt and review of a report in the patient's medical record.
C. Before a practitioner prescribes or
				dispenses for the first time, a controlled substance in schedule II, III, IV or
				V to a patient for a period greater than four days, or if there is a gap in
				prescribing the controlled substance for 30 days or more, the practitioner
				shall review a prescription monitoring report for the patient for the preceding
				12 months. When available, the practitioner shall review similar reports from
				adjacent states. The practitioner shall document the receipt and review of such
				reports in the patient's medical record.
D. A prescription monitoring report shall be
				reviewed a minimum of once every three months during the continuous use of a
				controlled substance in schedule II, III, IV or V for each patient. The
				practitioner shall document the review of these reports in the patient's
				medical record. Nothing in this section shall be construed as preventing a
				practitioner from reviewing prescription monitoring reports with greater
				frequency than that required by this section.
E. A practitioner does not have to obtain and
				review a prescription monitoring report before prescribing, ordering, or
				dispensing a controlled substance in schedule II, III, IV or V:
(1) for a period of four days or less;
				or
(2) to a patient in a nursing
				facility; or
(3) to a patient in
				hospice care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.11 - PAIN MANAGEMENT CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
This section applies to all New Mexico board of podiatry
				  licensees.
A. Immediate requirements
				effective January 2, 2014. Beginning January 2, 2014 and then for each annual
				renewal cycle, all New Mexico board of podiatry licensees shall complete no
				less than two continuing medical education hours in appropriate courses:
(1) an understanding of the pharmacology and
				risks on controlled substances;
(2)
				a basic awareness of the problems of abuse, addiction and diversion;
(3) awareness of state and federal
				regulations for the prescription of controlled substances;
(4) management of the treatment of pain;
				and
(5) courses may also include a
				review of this rule (16.21.9 NMAC); the applicability of such courses toward
				fulfillment of the continuing medical education requirement is subject to New
				Mexico board of podiatry approval; podiatrists who have taken CME in these
				educational elements between January 1, 2013 and December 31, 2014 may apply
				those hours toward the required two CME described in this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 9 - MANAGEMENT OF PAIN WITH CONTROLLED SUBSTANCES › Section 16.21.9.12 - NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the notice of procedures set forth in the
				  State Rules Act, Section
				  14-4-1 et
				  seq NMSA 1978, the board shall separately notify the following persons of the
				  Pain Relief Act and the New Mexico podiatry board rule, 16.21.9 NMAC:
A. health care practitioners under its
				jurisdiction; and
B. a health care
				practitioner being investigated by the board in relation to the practitioner's
				pain management services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Podiatrists licensed in New Mexico who do not submit an
				  application for license renewal within 60 days of the expiration
				  date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the Podiatry Act,
				  61-8-10 and 61-8-10.1 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 3, 2019 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the procedures and policies for podiatry
				  licenses that are not renewed within 60 days of the date of
				  expiration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.8 - LICENSE SUSPENSION FOR NON-RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
Unless an application for license renewal is received by the
				  board office, or post-marked, before March 1, the license may be summarily
				  suspended.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.9 - REINSTATEMENT OF SUSPENDED LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A podiatrist may request reinstatement of a lapsed license
				  within three years from the date the license expired by notifying the board in
				  writing. Upon receipt of the request for reinstatement, board staff will send a
				  reinstatement application. The board may designate a professional background
				  information service, which compiles background information regarding an
				  applicant from multiple sources. The following information is required for the
				  request to be considered:
A. a
				completed application, payment of the reinstatement fee, any delinquent renewal
				fees, and proof of sixteen hours of continuing education per the year of
				renewal and each full year the license was allowed to lapse;
B. the application may be approved by the
				designee of the board if the application is complete and all requirements have
				been fulfilled;
C. verification of
				licensure in all states where the applicant holds or has held a license to
				practice podiatry, or other health care profession; verification must be sent
				directly to the board office from the other state(s) and must attest to the
				status, issue date, license number, and other information contained in the
				form;
D. the board required reports
				from the national practitioners data bank, or other national reporting
				organization, and the federation of podiatric medical boards disciplinary data
				bank if the applicant is currently licensed, or has previously been licensed as
				a podiatrist in another state;
E.
				no podiatrist shall reactivate or resume their podiatric practice until his or
				her lapsed license is reinstated and a new license is issued;
F. upon receipt of a completed application,
				including all required documentation and fees, the designee of the board will
				review and may approve the application. The results of the background check
				must either indicate no negative findings, or if there are negative findings,
				those findings will be considered by the board. The board may formally accept
				the approval of the application at the next scheduled meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 10 - LAPSE OF LICENSE AND REINSTATEMENT › Section 16.21.10.10 - REINSTATEMENT FOR LICENSEES WHO PRACTICE AS MEDICAL OFFICERS IN THE UNITED STATES SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Licensed podiatrists who practice podiatry in the uniformed
				  services may reinstate their expired New Mexico license within three months
				  after the termination of such service without payment of any renewal, late or
				  reinstatement fees as per the Podiatry Act, Subsection C of Section
				  61-8-10
				  NMSA 1978. Individuals using this option must notify the board prior to the
				  expiration date of their license that they will not renew until the time they
				  terminate their uniformed service practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 11 apply to all active license holders
				  and applicants for licensure. These provisions may also be of interest to
				  anyone who may wish to file a complaint against a podiatrist licensed by the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the Podiatry Act, 61-8-6
				  NMSA 1978, 61-8-11 NMSA 1978, and 61-8-13 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the procedures for filing complaints against
				  licensees, the disciplinary actions available to the board, the authority to
				  issue investigative subpoenas and to define conduct that constitutes
				  incompetent or unprofessional practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Disciplinary proceedings may be instituted by the sworn
				  complaint of any person, including members of the board. The complaint will be
				  reviewed by the board and any subsequent disciplinary action shall conform with
				  the Uniform Licensing Act, Sections
				  61-1-1
et. seq
., NMSA 1978.
A. No member of the board or any
				investigators or representatives appointed by the board shall bear liability or
				be subject to civil damages or criminal prosecutions for any action undertaken
				or performed within the proper functions of the board.
B. No person or legal entity providing
				information to the board whether as a report, a complaint or testimony, shall
				be subject to civil damages or criminal prosecutions.
C. All written and oral communications made
				by any person to the board or the committee relating to actual or potential
				disciplinary action, which includes complaints made to the board, shall be
				confidential communications and are not public records for the purposes of the
				Public Records Act.
D. Information
				contained in compliance files is public information and subject to disclosure
				following formal disciplinary proceedings.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.9 - ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board may take any action authorized by the Podiatry Act,
				  Section
				  61-8-1
et. seq
., NMSA 1978 and the Uniform Licensing Act, 61-1-1
et. seq
. NMSA 1978 if the board determines that a licensee has
				  violated any of the provisions of the Podiatry Act, the rules, or the Impaired
				  Health Care Provider Act, 61-7-1 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.11 - 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 the complaint committee along with the board's compliance
				  liaison. A complaint committee shall review each complaint charging a licensed
				  podiatrist with unprofessional conduct or other violations under the Podiatry
				  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
C. The
				complaint committee, on behalf of the board, may issue investigative subpoenas.
				Failure to comply with an investigative subpoena may result in the board
				seeking an order from the district court directing the subject of the
				investigative subpoena to comply.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.12 - INVESTIGATIVE SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
The board designee of the board is authorized to issue
				  investigative subpoenas prior to the issuance of a notice of contemplated
				  action and to employ experts with regard to pending
				  investigations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.13 - DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the New Mexico board of podiatry to issue a
				  notice of contemplated action against any licensee/registrant or applicant for
				  licensure/registration whose name appears on the certified list issued by the
				  New Mexico department of human services, as provided in Sections
				  40-5A-1 to
				  -13 NMSA 1978, and to refer cases in which notices of contemplated action have
				  been issued for administrative prosecution, is delegated to the administrator
				  of the board. This section shall be not be construed to deprive the board of
				  its authority and power to issue a notice of contemplated action for any
				  apparent violation of the Parental Responsibility Act, and to refer any such
				  case for administrative prosecution.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Podiatry
				  hereafter called the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the use management of medical records that
				  are created and maintained as part of the practice of a podiatrist who has
				  physical possession or ownership of the records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to and in accordance
				  with the Podiatry Act, Section
				  61-8-9
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 3, 2019 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Medical record"
means all information
				  maintained by a podiatrist relating to the past, present or future physical
				  health or condition of a patient, and for the provision of health care to a
				  patient. This information includes, but is not limited to, the podiatrist's
				  notes, reports, summaries, x-rays, laboratory and other diagnostic test
				  results. A patient's complete medical record includes information generated and
				  maintained by the podiatrist, as well as information provided to the podiatrist
				  by the patient, by any other podiatrist who has consulted with or treated the
				  patient, and other information acquired by the health care provider about the
				  patient in connection with the provision of health care to the
				  patient.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.8 - RELEASE OF MEDICAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Podiatrists must provide copies of medical records to a
				  patient or to another podiatrist when legally requested to do so. This should
				  occur with a minimum of disruption in the continuity and quality of medical
				  care being provided to the patient. If the medical records are the property of
				  a separate and independent organization, the podiatrist should act as the
				  patient's advocate and work to facilitate the patient's request for
				  records.
A. Medical records may not be
				withheld because an account is overdue or a bill for treatment, medical
				records, or other services is owed.
B. A reasonable cost-based charge may be made
				for the cost of duplicating and mailing medical records. A reasonable charge is
				$1.00 per page for the first 25 pages, and $0.10 per page thereafter. Patients
				may be charged the actual cost of reproduction for electronic records and
				record formats other than paper, such as x-rays. The board will review the
				reasonable charge periodically. Podiatrists charging for the cost of
				reproduction of medical records shall give consideration to the ethical and
				professional duties owed to other podiatrists and their patients.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.9 - CLOSING, SELLING, RELOCATING OR LEAVING A PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Due care should be taken when closing or departing from a
				  practice to ensure a smooth transition from the current podiatrist to the new
				  treating podiatrist. This should occur with a minimum of disruption in the
				  continuity and quality of medical care being provided to the patient. Whenever
				  possible, notification of patients is the responsibility of the current
				  treating podiatrist.
A. Active
				patients and patients seen within the previous three years must be notified at
				least 30 days before closing, selling, relocating or leaving a
				practice.
B. Whenever possible,
				patients should be notified within at least 30 days after the death of their
				podiatrist.
C. Notification may be
				satisfied using any of the following methods:
(1) by placing a notice in at least one
				newspaper in the local practice area; notice should advise patients where their
				medical records will be stored; notice should include any pertinent information
				the patient may need for obtaining or transferring the records, including the
				name, mailing address and telephone number of a contact person with access to
				the stored records; notification should run a minimum of two times per month
				for three months to reach a maximum number of patients; or
(2) by written or electronic mail;
				or
(3) by individual correspondence
				to the patient's last known physical or electronic mail address.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 12 - MANAGEMENT OF MEDICAL RECORDS › Section 16.21.12.10 - RETENTION, MAINTENANCE AND DESTRUCTION OF MEDICAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Improper
				management of medical records, including failure to maintain timely, accurate,
				legible and complete medical records constitutes unprofessional conduct under
				the board's rules adopted pursuant to Subsection H of 61-8-11 NMSA 1978.
				Podiatric physicians must maintain and make available upon request a written
				copy of their policy or their employer's policy for medical record retention,
				maintenance and destruction.
B.
				Written medical record policy shall include:
(1) responsible entity/agent name of contact
				to obtain records or request transfer of records, telephone number and mailing
				address;
(2) how the records can be
				obtained or transferred;
(3) how
				long the records will be maintained before they are destroyed; and
(4) cost of obtaining copies of records, and
				of recovering records/transferring records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the board, licensees, applicants for
				  licensure, and the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the Professional
				  Psychologist Act, NMSA 1978 Section
				  61-9-6,
				  61-9-8,
				  61-9-16.
				  Section 1 of Part 1 is authorized by NMSA 1978 Section
				  10-15-1.C
				  (1993 Repl.)
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to set forth the provisions, which
				  apply to all of Chapter 22, and to all persons affected or regulated by Chapter
				  22 of Title 16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.10 - BOARD OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Elections. At its annual meeting in July, the board shall elect a chair, vice
				chair, and secretary treasurer.
B.
				Duties of officers. All board officers shall exercise authority subject to the
				act, board regulations, and specific directions of the board.
(1) The chair shall preside at board meetings
				and adjudicatory hearings unless another presiding officer is named by the
				board. At the direction of the board, the chair shall respond to inquiries and
				correspondence, execute orders of the board in any pending adjudicatory
				proceeding unless a hearing officer is appointed, sign, or designate another
				board member to sign decisions of the board, appoint board members to formal
				committees, and provide direction to the board administrator on routine matters
				to facilitate the efficient operation of board functions between
				meetings.
(2) The vice chair shall
				preside at board meetings and adjudicatory hearings in the absence of the
				chair. If the office of chair becomes vacant, the vice chair shall serve as
				chair until a new chair is elected.
(3) The secretary-treasurer shall preside at
				board meetings and adjudicatory proceedings in the absence of the chair and
				vice chair.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.11 - BOARD RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inspection of Public Records Act (IPRA). Public records shall be available for
				inspection in accordance with the provisions of the IPRA, Section
				14-2-1
				through
				14-2-12
				NMSA 1978 and Section
				61-9-5.1
				NMSA 1978.
B. Copying charges. The
				custodian shall charge a copying charge of $.25 per page or the regulation and
				licensing department standard IPRA fee, whichever is higher.
C. Creating records. The board shall not be
				required to create any document or compile data for an individual or private
				entity.
D. Reasonable access.
				Consistent with the IPRA and taking into account the available staff, space,
				and the needs of other legitimate public business, the custodian may determine
				the reasonable time, place, and conditions for access to public
				records.
E. Removal. Public records
				shall not be removed from the board office except by board members, board
				staff, or agents of the board for official public business.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.12 - BOARD RULES AND REGULATIONS 2000

Current through Register Vol. 35, No. 13, July 16, 2024
(
as revised
).
Board regulations may
				  be adopted, amended, repealed, or superseded by rulemaking proceedings pursuant
				  to applicable provisions of the act, the ULA, and the State Rules
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 1 - GENERAL PROVISIONS › Section 16.22.1.13 - ELECTRONIC SIGNATURES

Current through Register Vol. 35, No. 13, July 16, 2024
The board will accept electronic signatures on all
				  applications and renewals submitted for professional licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, New Mexico State Board
				  of Psychologist Examiners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The psychologist shall be governed by this code of conduct
				  while providing psychological services in any context or whenever he is
				  functioning in a professional capacity as a psychologist. This code shall not
				  supersede state, federal, or provincial statutes. This code shall apply to the
				  conduct of all licensees and applicants, including the applicant's conduct
				  during the period of education, supervision, training, and employment, which is
				  required for licensure. This conduct includes, but is not limited to the list
				  of disqualifying criminal convictions referenced in 16.22.2.20 NMAC. The term
				  "psychologist," as used within this code, shall apply to both licensee and
				  applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the Professional
				  Psychologists Act, Section
				  61-9-6.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the standards against which the
				  required professional conduct of a psychologist is measured. Each licensee and
				  applicant will be governed by this part whenever providing psychological
				  services. A violation of this part is sufficient reason for disciplinary action
				  pursuant to the Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.8 - RULES OF COMPETENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Limits on
				practice.
The psychologist shall limit practice and supervision to the
				areas of competence in which proficiency has been gained through education,
				training, and experience.
B.
Maintaining competency.
The psychologist shall maintain current
				competency in the areas in which he practices, through continuing professional
				education, consultation, and/or other procedures, in conformance with current
				standards of scientific and professional knowledge.
C.
Cultural competency.
Psychologists with restricted and unrestricted licenses and psychologist
				associates shall complete eight hours of cultural competence coursework
				promulgated by the board during the first year of licensure; and also shall
				take four additional hours in cultural competence, as deemed satisfactory to
				the board, every two years as detailed in 16.22.9 NMAC.
D.
Adding new services and
				techniques.
The psychologist, when developing competency in a service or
				technique that is either new to the psychologist or new to the profession,
				shall engage in ongoing consultation with other psychologists or relevant
				professionals, and shall seek appropriate education and training in the new
				area. The psychologist shall inform clients or patients of the innovative
				nature and the known risks and benefits associated with the services, so that
				the client or patient can exercise freedom of choice concerning such
				services.
E.
Referral.
The psychologist shall make or recommend referral to professional, technical,
				or administrative, or public resources when such referral is clearly in the
				best interest of the clients or patient(s).
F.
Bases for Assessments.
Psychologists base the opinions contained in their recommendations, reports and
				diagnostic or evaluative statements, including forensic testimony, on
				information and techniques sufficient to substantiate their findings except
				when:
(1) psychologists provide opinions of
				the psychological characteristics of individuals only after they have conducted
				an examination of the individuals adequate to support their statements or
				conclusions;
(2) despite reasonable
				efforts, such an examination is not practical, psychologists document the
				efforts they made and the result of those efforts, clarify the probable impact
				of their limited information on the reliability and validity of their opinions
				and appropriately limit the nature and extent of their conclusions or
				recommendations; or
(3)
				psychologists conduct a record review or provide consultation or supervision
				and an individual examination is not warranted or necessary for the opinion,
				psychologists explain this and the sources of information on which they based
				their conclusions and recommendations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.9 - DUAL RELATIONSHIPS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				psychologist shall not undertake or continue a professional relationship with a
				client or patient when the objectivity or competency of the psychologist is
				compromised because of the psychologist's present or previous familial, social,
				sexual, emotional, or legal relationship with the client or a relevant person
				associated with or related to the client.
B. The psychologist, in interacting with a
				current or former client or patient to whom the psychologist has at any time
				within the previous 12 months rendered counseling, psychotherapeutic, or other
				professional psychological services for treatment or amelioration of emotional
				distress or behavioral inadequacy, shall not:
(1) engage in any verbal or physical behavior
				toward the client or patient which is sexually seductive, demeaning, or
				harassing; or
(2) engage in sexual
				intercourse, or sexual contact or other sexual intimacies with the client or
				patient; or
(3) enter into a
				business or financial (other than fees for professional services) or other
				potentially exploitative relationship with the client or patient.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.10 - PATIENT WELFARE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Informed consent for therapy and evaluation.
(1) The psychologist shall appropriately
				document and obtain appropriate informed consent for therapy or related
				procedures or evaluation. Informed consent means that the person:
(a) has the capacity to consent;
(b) has been informed of significant
				information concerning the therapy or evaluation in language that is
				understandable; and
(c) has freely
				and without undue influence expressed consent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.11 - WELFARE OF SUPERVISEE AND RESEARCH SUBJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Welfare of supervisees. The psychologist
				shall not exploit a supervisee in any way sexually, financially, or
				otherwise.
B. Welfare of research
				subjects. The psychologist shall respect the dignity and protect the welfare of
				his research subjects, and shall comply with all relevant statutes and the
				board's regulations concerning treatment of research subjects.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.12 - PROTECTING CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Safeguarding confidential information. The psychologist shall safeguard
				confidential information obtained in the course of practice, teaching,
				research, or other professional services. The psychologist shall disclose
				confidential information to others only with the written informed consent of
				the patient or client in accordance with the Public Health Act, Section
				24-1-20 NMSA
				1978, except as provided in these regulations.
B. Discussing the limits of confidentiality.
(1) The psychologist shall discuss with
				persons and organizations with whom the psychologist establishes a professional
				or scientific relationship (including, to the extent feasible, minors and their
				legal representatives):
(a) the relevant
				limitations on confidentiality, including limitations where applicable in
				group, marital, and family therapy or in organizational consulting;
				and
(b) the foreseeable uses of the
				information generated through his services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.13 - DISCLOSURE AND MISREPRESENTATION OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition of public statements. Public
				statements include but are not limited to paid or unpaid advertising,
				brochures, printed matter, directory listings, personal resumes or curriculum
				vitae, interviews or comments for use in media, statements in legal
				proceedings, lectures, and public oral presentations.
B. Display of license. The psychologist shall
				display his current New Mexico license to practice psychology, on the premises
				of his primary professional office.
C. Misrepresentation of qualifications. The
				psychologist shall not misrepresent directly or by implication his professional
				qualifications such as type of licensure, education, experience, and areas of
				competence.
D. Misrepresentation of
				affiliations. The psychologist shall neither misrepresent nor permit the
				misrepresentation of his professional qualifications, affiliations, or
				purposes, or those of the institutions, organizations, products, and/or
				services with which he is associated.
E. False or misleading information regarding
				professional services. The psychologist shall not include false or misleading
				information in public statements concerning professional services offered.
(1) When announcing or advertising
				professional services and/or describing his professional qualifications, the
				psychologist may list the following:
(a)
				degrees obtained (Ph.D. or Psy.D.) and the area in which the degree is obtained
				(clinical, counseling, or school);
(b) the institutions from which the degrees
				were obtained;
(c) date, type, and
				level of certification or licensure;
(d) diploma status; membership status in
				professional organizations;
(e)
				address; telephone number; office hours;
(f) a brief listing of the type of
				psychological services offered;
(g)
				an appropriate presentation of fee information;
(h) foreign languages spoken; and
(i) policy with regard to third-party
				payments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.14 - FEES AND STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Disclosure of charges for services.
The psychologist shall provide
				complete and accurate information about the charge of professional services to
				the client or patient, a prospective client or patient, or third-party
				payor.
B.
Accuracy in reports
				to payors and funding sources.
In reports to payors for services or
				sources of research funding, the psychologist shall accurately state the nature
				of the research or services provided, the fees or charges, and, where
				applicable, the identity of the provider, the findings, and the
				diagnosis.
C.
Referrals and
				fees.
When a psychologist pays, receives payment from, or divides fees
				with another professional other than in an employer-employee relationship, the
				payment to each shall be based on the services (clinical, consultative,
				administrative, or other) provided and shall not be based on the referral
				itself. Referral fees are prohibited.
D.
Fees and financial
				arrangements.
As early as is feasible in a professional or scientific
				relationship, the psychologist and the patient, or client, should reach an
				agreement specifying the compensation and the billing arrangements.
(1) The psychologist shall not misrepresent
				his fees.
(2) If limitations to
				services can be anticipated because of the client or patient's finances, the
				psychologist should discuss such anticipated limitations with the patient or
				client.
(3) If the patient or
				client does not pay for services as agreed, and if the psychologist wishes to
				use collection agencies or legal measures to collect the fees, the psychologist
				shall first inform the patient or client that such measures will be taken and
				provide an opportunity for the patient or client to make prompt
				payment.
(4) Prior to conducting a
				custody evaluation, the psychologist shall clarify to the parties involved the
				charges, or estimation of costs, and the manner in which fees will be
				collected. A specific written fee agreement shall be signed by all
				parties.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 22 - PSYCHOLOGISTS AND PSYCHOLOGIST ASSOCIATES › Part 2 - CODE OF CONDUCT › Section 16.22.2.15 - ASSESSMENT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Confidential information.
The psychologist shall treat the results
				of a psychological assessment as confidential information subject to the same
				rules and regulations as other patient information.
B.
Use of assessment in general and
				with special populations.
Psychologists who administer, score,
				interpret, or use assessment techniques shall be familiar with reliability,
				validity, standardization, comparative, and outcome studies of the techniques
				they use and with the proper application and use of those techniques.
(1) The psychologist shall recognize limits
				of the confidence with which diagnoses, judgments, or predictions can be made
				about individuals.
(2) The
				psychologist shall identify situations in which particular assessment
				techniques or norms may not be applicable or may require adjustment in
				administration or interpretation because of factors such as an individual's
				gender, age, race, ethnicity, national origin, religion, sexual orientation,
				disability, language, or socioeconomic status.