reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 22 - DISCIPLINARY PROCEEDINGS › Section 16.16.22.8 - DISCIPLINARY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
An investigation may be instituted by the board upon the
				  receipt of a written complaint filed by any person, including any member of the
				  board.
A. Written Complaint Required.
				A complaint filed with the board will be received by the board administrator
				who will process the complaint and determine how the complaint will be handled.
(1) In cases where it is clearly evident that
				the complaint does not fall within the board's statutory authority or
				jurisdiction, the board administrator will not process the complaint and will
				inform the complainant of the reasons.
(2) If the complaint appears to contain
				violations of the board's statute or its rules and regulations, or if the
				complaint is not a complicated one, the administrator may present the processed
				complaint to the entire board in a redacted form.
(3) If the complaint is lengthy, or if it is
				unclear or questionable as to whether there may have been violations of the
				board's statute or its rules and regulations, the administrator shall refer it
				to the board's standards of practice committee for review and
				consideration.
(4) The board may
				provide the respondent with a copy of the complaint and allow a reasonable time
				for the respondent to reply to the allegations in the complaint.
(5) The foregoing notwithstanding, the board
				will not be required to provide the respondent with a notice of the complaint
				filing, or a copy of the complaint, or any related investigatory evidence prior
				to the notice of contemplated action if it is determines that disclosure may
				impair, impede, or compromise the efficacy or integrity of an investigation
				into the matter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 23 of Chapter 16 applies to all applicants for licensure
				  and all optometrists licensed by the Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority for Part 23 of Chapter 16 is the Parental
				  Responsibility Act (Ch. 25, Laws of 1995).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 23 of Chapter 16 is to set forth the
				  policies, procedures, and disciplinary proceedings for implementation of the
				  Parental Responsibility Act (Ch. 25, Laws of 1995).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in the Parental Responsibility Act shall
				  have the same meanings in this Section. As used in this Section:
A. "HSD" means the New Mexico Human Services
				Department;
B. "Statement of
				Compliance" means a certified statement from HSD stating that an applicant or
				licensee is in compliance with a judgment and order for support; and
C. "Statement of Non-compliance" means a
				certified statement from HSD stating that an applicant or licensee is not in
				compliance with a judgment and an order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.8 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the Board:
A. shall deny an application for a
				license;
B. shall deny the renewal
				of license; and
C. has grounds for
				suspension or revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.9 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of HSD's certified list of obligors not in
				  compliance with a judgment and order for support, the Board shall match the
				  certified list against the current list of Board licensees and
				  applicants.
A. Upon the later receipt
				of an application for license or renewal, the Board shall match the applicant
				against the current certified list.
B. By the end of the month in which the
				certified list is received, the Board shall report to HSD the names of Board
				applicants and licensees who are on the certified list and the action the Board
				has taken in connection with such applicants and licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.10 - INITIAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon determination that an applicant or licensee appears on
				  the certified list, the Board shall:
A. commence a formal proceeding under
				16.16.23.11 NMAC to take the appropriate action under 16.16.23.8 NMAC;
				(or
B. for current licensees only,
				informally notify the licensee that the licensee's name is on the certified
				list, and that the licensee must provide the Board with a subsequent Statement
				of Compliance from HSD by the earlier of the application for license renewal or
				a specified date not to exceed thirty (30) days. If the licensee fails to
				provide this statement, the Board shall commence a formal proceeding under
				16.16.23.11 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.11 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to taking any action specified in Part 23.8 of 16 NMAC
				  16, the Board shall serve upon the applicant or licensee a written notice
				  stating that:
A. the Board has grounds
				to take such action, and that the Board shall take such action unless the
				licensee or applicant:
(1) mails a letter
				(certified mail return receipt requested) within twenty (20) days after service
				of the notice requesting a hearing; or
(2) provides the Board, within thirty (30)
				days of the date of the notice, with a Statement of Compliance from HSD; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.12 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
In any hearing under this rule, relevant evidence is limited
				  to the following:
A. A Statement of
				Non-compliance is conclusive evidence that requires the Board to take the
				appropriate action under 16.16.23.8 NMAC, unless:
B. The applicant or licensee provides the
				Board with a subsequent Statement of Compliance which shall preclude the Board
				from taking any action under this rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 23 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.16.23.13 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
When a disciplinary action is taken under this Section solely
				  because the applicant or licensee is not in compliance with a judgment and
				  order for support, the order shall state that the application or license shall
				  be reinstated upon presentation of a subsequent Statement of Compliance. The
				  Board may also include any other conditions necessary to comply with Board
				  requirements for reapplications or reinstatement of lapsed
				  licenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in PART 24 of Chapter 16 apply to any person
				  governed by the Optometry Act who may be subject to investigation and
				  disciplinary action for excessive use or abuse of intoxicants or
				  drugs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
PART 24 of Chapter 16 is promulgated pursuant to the
				  Optometry Act, Section
				  61-2-1
				  through Section
				  61-2-18
				  NMSA 1978 (1997 Repl. Pamp.); the Uniform Licensing Act, Section
				  61-1-1
				  through Section
				  61-1-33 NMSA
				  1978 (1996 Repl. Pamp.); and the Impaired Health Care Provider Act, Section
				  61-7-1
				  through Section
				  61-7-12
				  NMSA 1978 (1995 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1999, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of PART 24 of Chapter 16 is to set forth
				  policies and guidelines for disciplinary action when evidence or allegations of
				  a mental disorder or illness, abuse of intoxicants or drugs by a licensed
				  optometrist have been presented to the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of this rule:
A. "Impaired Health Care Provider Act" refers
				to Section
				61-7-1
				through Section
				61-7-12
				NMSA 1978 (1995 Repl. Pamp.).
B.
				"Controlled Substances Act" refers to Section
				30-31-1
				through Section 30-31-42 NMSA 1978.
C. "Impaired practitioner" means any health
				care provider unable to practice with reasonable skill or safety to patients by
				reason of one or more of the following: mental disorder or illness; physical
				illness, including but not limited to deterioration through the aging process
				or loss of motor skill; or habitual or excessive use of alcohol or abuse of
				drugs, as defined in the Controlled Substances Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.8 - EXCESSIVE OR HABITUAL USE OR ABUSE OF INTOXICANTS OR DRUGS

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where the Board has reasonable cause to believe that
				  a licensed optometrist has a mental disorder or illness or is engaging in the
				  excessive or habitual use or abuse of intoxicants or drugs, as defined in the
				  Controlled Substances Act, and that such activity may compromise the licensee's
				  ability to practice optometry with reasonable skill and safety to patients, the
				  Board, shall conduct an investigation into the matter in accordance with the
				  provisions established in the Impaired Health Care Provider
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.9 - EXAMINING COMMITTEE DESIGNATED

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall designate three licensed optometrists as
				  members of an "examining committee" to examine the optometrist believed to be
				  impaired either as a result of a mental disorder or illness or by the excessive
				  or habitual use or abuse of intoxicants or drugs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.10 - EXAMINATION CONDUCTED BY EXAMINING COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions in the Impaired Health Care
				  Provider Act, the examining committee shall order and conduct an examination
				  and may require a physical or psychiatric examination or drug test of the
				  licensee to determine his or her fitness to practice optometry with reasonable
				  skill or safety to patients, either on a restricted or unrestricted
				  basis.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.11 - PHYSICAL EXAM OR DRUG TEST ORDERED

Current through Register Vol. 35, No. 13, July 16, 2024
A licensed professional designated by the board shall perform
				  the physical or psychiatric examination and/or drug test ordered by the
				  examination committee. The cost of said examination or test shall be borne by
				  the optometrist who is the subject of the examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.12 - EXAMINING COMMITTEE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The examining committee shall report its findings on the examination and make
				recommendation to the Board.
B.
				Recommendations made to the board by the examining committee shall be advisory
				only and shall not be binding on the Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.13 - RESULTS ADMISSIBLE

Current through Register Vol. 35, No. 13, July 16, 2024
The results of the examining committee's findings and the
				  physical or psychiatric exam and/or drug test shall be admissible in any
				  subsequent review or hearing by the board, notwithstanding any claim of
				  privilege under a contrary rule or law or statute.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.15 - FAILURE OR REFUSAL TO SUBMIT TO EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
Failure or refusal by the optometrist to comply with an
				  examining committee order to appear before it for examination, or to submit to
				  a physical or psychiatric examination or drug test pursuant to the Impaired
				  Health Care Provider Act, shall be grounds for immediate and summary suspension
				  of the license by the board until further order by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.16 - ACTION ON EXAMINATION COMMITTEE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The board may accept or reject any finding, determination, or
				  recommendation made by the examining committee to the board regarding the
				  licensee's ability to continue to practice with or without restriction on the
				  license, or the board may refer the matter back to the examination committee
				  for further examination and report, or it may decide that formal disciplinary
				  action is immediately warranted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.18 - ENTITLEMENT TO HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Before the board can take action to restrict, suspend, or
				  revoke the optometrist's license on the evidence reported by the examining
				  committee
,
the optometrist shall be entitled to a hearing under,
				  and in accordance with, the procedures contained in the Impaired Health Care
				  Provider Act and the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.20 - REQUEST FOR VOLUNTARY RESTRICTION OF THE PERMIT OR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
In lieu of a formal hearing, the optometrist may voluntarily
				  request, in writing, a restriction of the license to practice optometry.
A. The board may grant the request for
				restriction and shall have authority, if it deems appropriate, to attach
				conditions to the optometrist's license to practice within specified
				limitations.
B. Upon imposition of
				voluntary restrictions on the optometrist's license, the board shall have the
				authority, if it deems appropriate, to waive the commencement of any further
				disciplinary proceedings conducted in accordance with the Uniform Licensing
				Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.21 - PETITION FOR REMOVAL OF VOLUNTARY RESTRICTION

Current through Register Vol. 35, No. 13, July 16, 2024
The optometrist shall have a right, at reasonable intervals
				  after a year, to petition the board, in writing, for the removal of the
				  voluntary restriction and to demonstrate that he or she is capable of resuming
				  the competent practice of optometry with reasonable skill and safety to
				  patients.
A. The board shall act on
				the petition by referring it to the examining committee, who shall conduct the
				necessary examination of the optometrist, and make written recommendation to
				the board.
B. Upon consideration of
				the examining committee's recommendation, the board may, in its discretion,
				remove the voluntary restriction on the optometrist's license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.22 - ABSENCE OF A VOLUNTARY REQUEST FOR RESTRICTION

Current through Register Vol. 35, No. 13, July 16, 2024
In the absence of a request by the optometrist for voluntary
				  restriction of his or her license as provided in Section 20 of 16.16.24 NMAC
				  (this rule), the board may, in its discretion, initiate proceedings for the
				  restriction, suspension, or revocation of the optometrist's license in
				  accordance with the Impaired Health Care Provider Act and the Uniform Licensing
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.23 - TEMPORARY SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may temporarily suspend the optometrist's license without a hearing,
				simultaneously with the institution of proceedings under the Impaired Health
				Care Provider Act or the Uniform Licensing Act, if it finds that the evidence
				in support of the examining committee's determination is clear and convincing
				and that the optometrist's continuation in practice would constitute an
				imminent danger to the health and safety of the public.
B. The optometrist shall be entitled to a
				hearing to set aside the suspension no later than sixty days after the license
				is suspended.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 16 - OPTOMETRIC PRACTITIONERS › Part 24 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.16.24.24 - PETITION FOR REINSTATEMENT, RESTORATION, OR MODIFICATION OF DISCIPLINARY ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
Subsequent to formal proceedings under the Impaired Health
				  Care Provider Act and the Uniform Licensing Act, any optometrist who is
				  prohibited from practicing optometry may, after a year from the date of
				  suspension or revocation of the license, petition the board for reinstatement
				  or restoration of his or her license to practice or for modification of the
				  final disciplinary orders.
A. The
				optometrist shall make the application for reinstatement or restoration of his
				or her license or for the modification of the disciplinary orders in
				writing.
B. The optometrist shall
				be afforded an opportunity to demonstrate that he or she can resume the
				practice of optometry with reasonable skill, competence, and safety to patients
				and shall be required to provide verifiable proof of compliance with any
				stipulations in the disciplinary order.
(1)
				The board may require an examination by the examining committee for such
				reinstatement, restoration, or modification of the optometrist's
				license.
(2) The board may require
				verification that the optometrist has completed a treatment program for alcohol
				or chemical dependency.
(3) The
				board may require verifiable proof that the optometrist has remained abstinent
				from alcohol or chemical dependence, except for drugs prescribed by a licensed
				physician for a legitimate medical condition, for a minimum of at least one (1)
				year.
(4) The board may require
				verifiable proof that optometrist has maintained active and uninterrupted
				participation in a program of aftercare which provides for periodic monitoring
				and supervision by appropriately trained personnel, and which includes random
				and unannounced drug and/or alcohol screening of urine or blood.
(5) The board shall have the discretion to
				accept or reject the petition for reinstatement or restoration of the
				optometrist's license, or for modification of the disciplinary
				orders.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department - New Mexico Board of
				  Osteopathic Medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  osteopathic medicine in New Mexico and are promulgated pursuant to and in
				  accordance with the Osteopathic Medicine Act, Sections
				  61-10-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 11, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "AACOM" means
				American association of colleges of osteopathic medicine.
B. "AAFP" means American academy of family
				physicians.
C. "AAPS" means
				American association of physician specialists.
D. "ACCME" means accreditation council for
				continuing medical education.
E.
				"ACGME" means accreditation council for graduate medical education.
F. "AMA" means the American medical
				association.
G. "AOA" means the
				American osteopathic association.
H. "Board approved school" means a college of
				osteopathic medicine accredited by the American osteopathic
				association.
I. "Board approved
				training program" means a program accredited by the American osteopathic
				association bureau of osteopathic specialists (AOA-BOS), or accrediting council
				on graduate medical education (ACGME).
J. "Board approved credential verification
				service" means a credential verification service certified by the national
				commission on quality assurance (NCQA) and approved by the board.
K. "CCME" means council on continuing medical
				education of the AOA.
L. "COCA"
				means commission on osteopathic college accreditation.
M. "COMLEX" means comprehensive osteopathic
				medical licensing examination.
N.
				"COMVEX" means comprehensive osteopathic medical variable-purpose
				examination.
O. "HSC" means the
				hospital services corporation, a credential verification organization certified
				by the national commission on quality assurance (NCQA).
P. "Major disaster declaration" means the
				declaration of a disaster by the federal emergency management agency (FEMA)
				that may provide for emergency licensure.
Q. "NBOE" means national board osteopathic
				examination.
R. "Osteopathic
				physician profile report" means the credentialing verification service of the
				American osteopathic association.
S. "SPEX" means special purpose
				examination.
T. "Telemedicine"
				means the practice of medicine across state lines using electronic
				communications, information technology or other means between a licensed
				osteopathic physician out of state and a patient in New Mexico. Telemedicine
				involves the application of secure videoconferencing or store and forward
				technology to provide or support healthcare delivery by replicating the
				traditional interaction of the in-person encounters between a provider and a
				patient.
U. "USMLE" means the
				United States medical licensing examination sponsored by the federation of
				state medical boards and the national board of medical examiners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.8 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inspection. Any person may examine public records in the board's custody. The
				board shall provide copies of public records upon request and may charge a
				reasonable copying fee. No person shall remove board documents from the board
				office.
B. Non-public records.
				Pursuant to Section
				61-10-5.1
				NMSA 1978, any report regarding actual or potential disciplinary action,
				including a complaint, shall be confidential communication and is not a public
				record for purposes of the Inspection of Public Records Act.
C. Public records are available on the
				board's website and may include any of the following:
(1) demographic information: name,
				self-identified gender, business address and business telephone;
(2) professional information: license, name
				of medical school, date of graduation, self-reported specialties, continuing
				education courses, board certification(s); and
(3) licensing information: number, current
				status, date of initial licensure, last renewal date, expiration date, and if
				applicable, disciplinary actions, including any settlements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.9 - 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 is confidential but shall be disclosed as
				  necessary to law enforcement agencies, and the national database clearinghouse
				  and other licensing boards, as required to carry out the duties of the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.10 - 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 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.11 - TELEPHONIC APPEARANCE AT BOARD MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Subsection C of Section
				  10-15-1
				  NMSA 1978 of the Open Meetings Act, a board member may participate in a meeting
				  of the board by means of a conference telephone or other similar communications
				  equipment only when it is otherwise difficult or impossible for the board
				  member to attend the meeting in person, provided:
A. each member participating by conference
				telephone can be identified when speaking;
B. all participants are able to hear each
				other at the same time; and
C.
				members of the public attending the meeting are able to hear any board member
				who speaks during the meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.17.1.12 - CHANGE OF ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is
				the responsibility of the licensee to provide the board with a current email
				and mailing address. Any correspondence from the board office will be emailed
				to the licensee's email address of record. The board assumes no responsibility
				for failure by the licensee to receive renewal notification or any other
				correspondence because of a wrong email address.
B. Every licensee must notify the board
				office of all addresses for current practices. Any change of address or email
				for a practice must be reported within 30 days of the change to the board
				office in writing; notification by U.S. mail, email or facsimile is
				acceptable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, New Mexico Board of
				  Osteopathic Medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all osteopathic physicians and physician
				  assistants applying for licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules of practice and procedure govern the practice of
				  osteopathic medicine in New Mexico and are promulgated pursuant to and in
				  accordance with the Osteopathic Medicine Act, Sections 61-10- 5, 61-10-6,
				  61-10-6.1, 61-10-11.1, 61-10-12, 61-10-15.1 NMSA 1978 and Sections
				  12-12A-1
				  through
				  12-12A-13
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 11, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the qualifications and procedures and outline
				  the documents and information necessary to complete the application process for
				  licensure, and to establish fees to generate revenue adequate to fund the cost
				  for the board's administration and carry out the duties promulgated
				  thereunto.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Categories of licenses
. Individuals holding one
				  of the following categories of medical license are eligible to practice
				  medicine and surgery in New Mexico.
A.
Osteopathic medical:
An unrestricted license to practice
				osteopathic medicine and surgery.
B.
Telemedicine:
A limited
				medical license that allows an osteopathic physician located outside New Mexico
				to practice osteopathic medicine on patients located in New Mexico.
C.
Post-graduate:
A limited
				training license issued by the board to osteopathic physicians who are enrolled
				in an AOA or ACGME approved training program.
D.
Temporary:
A limited license
				that allows a osteopathic physician to practice osteopathic medicine for a
				limited time up to three months from the date of issuance that meets certain
				specific conditions in accordance with Osteopathic Medicine Act, Section
				61-10-7
				NMSA 1978.
E.
Federal
				emergency:
An unrestricted license to practice osteopathic medicine and
				surgery issued without receipt of all documentation required for an osteopathic
				medical license because of a major disaster.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
All fees are non-refundable
A. Initial application for licensure:
(1) Osteopathic physician $400.00
(2) Post graduate osteopathic physician
				$50.00
(3) Osteopathic physician
				assistants $150.00
(4) Telemedicine
				$100.00
(5) Temporary, teaching,
				research, specialized diagnostic and treatment $100.00
(6) Federal emergency $
				0.00
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.9 - APPLICATION FOR LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application: An applicant for licensure under the Osteopathic Medicine Act
				shall submit a completed and signed application on forms provided by the board
				with the appropriate fee. The applicant must have graduated from a board
				approved school of osteopathic medicine and must successfully pass all levels
				of the COMLEX or USMLE licensing examination or its predecessor, passing the
				final level of the examination within seven years of having passed the first
				level.
The applicant shall attach or make provisions for the
				  following documents to be provided to the board office:
(1) official college transcript from a school
				of osteopathic medicine accredited by COCA and recognized by the AOA sent by
				the school directly to the board;
(2) certification of dean of osteopathic
				school with school seal affixed;
(3) certification of two years of
				post-graduate training; otherwise, if previously licensed by this or another
				state before July 1, 2016 one year of post-graduate training;
(4) two letters of reference from physicians
				who have known the applicant in a professional and personal capacity for at
				least one year;
(5) a passport-type
				photograph two inches by two inches, taken within the preceding six months
				attached to the application;
(6)
				copies of medical diploma; and residency certificate, or certificate of
				attendance of residency program.
(7) if licensed in another state, a
				certificate of good standing from the state board sent directly to the board
				office;
(8) primary verification
				from the AOA and the federation of state medical boards of the United
				States;
(9) NBOE, COMLEX, USMLE or
				COMVEX scores must be sent directly to the board.
(10) applicants who are not United States
				citizens must provide proof that they are in compliance with the immigration
				laws of the United States.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.10 - QUALIFICATIONS FOR LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each applicant for a license to practice as an osteopathic physician in New
				Mexico must possess the following qualifications:
(1) graduated and received a diploma from a
				college of osteopathic medicine and surgery accredited by the American
				osteopathic association or commission on osteopathic college
				accreditation;
(2) successfully
				passed the examination defined in Paragraph (2) of Subsection A of Section
				61-10-6
				NMSA 1978.
(3) completed two years
				of an AOA or ACGME accredited postgraduate training program or be approved by
				the board, in accordance with the provisions of, Section
				61-10-6
				NMSA 1978;
(4) shall be of the age
				of majority;
(5) shall be of good
				moral character;
(6) shall not have
				been convicted of a felony;
(7)
				shall not have committed or been engaged in any of the activities listed in,
				Section
				61-10-15
				NMSA 1978;
(8) shall submit an
				application and examination fee as determined by the board pursuant to Section
				61-10-6.1
				NMSA 1978;
(9) 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
(10) 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 COMVEX
				or specialty re-certification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.11 - EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
In determining the fitness of an applicant for licensure by
				  examination, the board adopts the following examinations: FLEX (federation of
				  state medical boards of the United States) or the NBOE (national board of
				  examiners of osteopathic physicians and surgeons) or COMLEX (comprehensive
				  osteopathic medical licensing examination) or the USLME (United States medical
				  licensing examination.) Each applicant must register with the national board of
				  osteopathic medical examiners or the national board of medical examiners to
				  take the exam at the most convenient testing site available. The board will not
				  administer any of the aforementioned exams.
A.
FLEX
(1) Each applicant must earn a passing score
				of seventy-five percent or higher on each of the two components of the exam.
				The board will not accept overall or average scores. The board will accept
				passing component scores obtained at a single administration or at separate
				administrations of the exam.
(2) If
				an applicant fails either component of the FLEX examination he must repeat only
				the component failed. Upon failing one or both components, the applicant may
				repeat the component failed at the next administration of the exam. If the
				applicant fails a second examination, he must wait one year before taking the
				examination for a third time. If the applicant fails a third time, the
				applicant must acquire one additional year of AOA approved postgraduate
				training before being examined a fourth time.
(3) Both components of the FLEX examination
				must be passed within seven years of taking the initial examination.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.12 - LICENSURE BY ENDORSEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants for licensure by endorsement shall meet all
				  requirements as set forth in Section
				  61-10-12
				  NMSA 1978. Additionally, the state of the applicant's primary license shall
				  have requirements equal to or greater than the requirements of licensure in New
				  Mexico.
A.
Prerequisites for
				licensure
. Each applicant for a license to practice as an osteopathic
				physician in New Mexico by endorsement must be of good moral character, hold a
				full and unrestricted license to practice medicine in another country, state,
				territory or province and possess the following qualifications:
(1) be free of disciplinary history, license
				restrictions, or pending investigations in all jurisdictions where a medical
				license is or has been held; and
(2) current certification from a medical
				specialty board recognized by the American osteopathic association bureau of
				osteopathic specialists (AOA-BOS).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.13 - TEMPORARY LICENSE AND INTIAL LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The board will approve licenses during regular meetings
				  only. In the interim between regular meetings, the board may issue a temporary
				  license to applicants who have complied with all application requirements. The
				  applicant may be scheduled for a personal interview before the board, a board
				  member designated by the board, or an agent of the board and must present
				  original documents as requested by the board. Temporary licenses shall only be
				  valid until the next regular board meeting at which time the license will be
				  ratified by the board Initial licenses shall be valid for no more than 35
				  months and be renewed, on or before July 1 of the third year after first-time
				  licensure
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.14 - 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
				16.17.2.8
				NMAC and the following documentation
(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 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.15 - 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.
A. Prerequisites for licensure.
				Each applicant for a postgraduate training license must possess the following
				qualifications:
(1) graduated from a college
				of osteopathic medicine accredited by the American osteopathic
				association;
(2) passed step 1 of
				USMLE or COMLEX-USA; and
(3) be of
				good moral character.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS › Part 2 - APPLICATION FOR LICENSURE, QUALIFICATIONS AND FEES › Section 16.17.2.16 - TEMPORARY TEACHING, RESEARCH, AND SPECIALIZED DIAGNOSTIC AND TREATMENT LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary-treasurer or board designee 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. The following provisions apply:
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.