AN ACT
RELATING TO PROFESSIONAL LICENSURE; RENAMING THE NEW MEXICO
BOARD OF MEDICAL EXAMINERS; CHANGING MEMBERSHIP; PRESCRIBING POWERS AND DUTIES;
CHANGING REQUIREMENTS AND PROCEDURES FOR LICENSURE AS PHYSICIANS; PROVIDING
FEES; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY,
CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES OF THE
NEW MEXICO BOARD OF MEDICAL EXAMINERS TO THE NEW MEXICO
MEDICAL BOARD; INCREASING CIVIL PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-6-1 NMSA 1978 (being Laws 1989,
Chapter 269, Section 1) is amended to read:
"61-6-1. SHORT TITLE--PURPOSE.--
A. Chapter 61, Article 6 NMSA 1978 may be cited
as the "Medical Practice Act".
B. In the interest of the public health, safety
and welfare and to protect the public from the improper, unprofessional,
incompetent and unlawful practice of medicine, it is necessary to provide laws
and rules controlling the granting and use of the privilege to practice
medicine and to establish a medical board to implement and enforce the laws and
rules.
C. The primary duties and obligations of the
medical board are to issue licenses to qualified physicians, physician
assistants and anesthesiologist assistants, to discipline incompetent or
unprofessional physicians, physician assistants or anesthesiologist assistants
and to aid in the rehabilitation of impaired physicians, physician assistants
and anesthesiologist assistants for the purpose of protecting the public."
Section 2. Section 61-6-2 NMSA 1978 (being Laws 1923,
Chapter 44, Section 1, as amended) is amended to read:
"61-6-2. NEW MEXICO MEDICAL BOARD‑-APPOINTMENT--TERMS--QUALIFICATIONS.--
A. There is created the "New Mexico medical
board", consisting of nine members.
The board shall be composed of two public members, one physician
assistant and six reputable physicians of known ability who are graduates of
medical colleges or schools in good standing and who have been licensed
physicians in and bona fide residents of
New Mexico for a period of five years immediately preceding
the date of their appointment. The
physician assistant shall have been a licensed physician assistant and a
resident of New Mexico for at least five years immediately preceding the date
of appointment. Public members of the
board shall be residents of New Mexico, shall not have been licensed by the
board or have practiced as physicians and shall have no significant financial
interest, direct or indirect, in the occupation regulated.
B. The governor shall appoint the physician
members from a list of names submitted to the governor by the New Mexico
medical society or its authorized governing body or council. The list shall contain five names of
qualified physicians for each physician member to be appointed. Physician member vacancies shall be filled in
the same manner.
C. The governor shall appoint the physician
assistant member from a list of names submitted to the governor by the New
Mexico academy of physician assistants or its authorized governing body or
council. The list shall contain five
names of qualified physician assistants.
D. Members shall be appointed to four-year
terms, staggered so that not more than three terms expire in a year. All board members shall hold office until
their successors are appointed and qualified.
E. A board member failing to attend three
consecutive meetings, either regular or special, shall automatically be removed
as a member of the board unless excused from attendance by the board for good
cause shown."
Section 3. Section 61-6-3 NMSA 1978 (being Laws 1989,
Chapter 269, Section 3) is amended to read:
"61-6-3. MEETINGS OF THE BOARD--QUORUM.--
A. The board shall hold four regular meetings
every fiscal year.
B. During the second quarter of each year, the
board shall hold its annual meeting during which it shall elect officers.
C. In addition to the regular meetings, the
board may hold special meetings at the call of the president after written
notice to all members of the board or at the written or electronic request of
any two members.
D. A majority of the members of the board shall
constitute a quorum and shall be capable of conducting any board business. The vote of a majority of a quorum shall
prevail, even though the vote may not represent an actual majority of all the
board members."
Section 4. Section 61-6-4 NMSA 1978 (being Laws 1989,
Chapter 269, Section 4) is amended to read:
"61-6-4. ELECTION--DUTIES OF OFFICERS--REIMBURSEMENT
OF BOARD MEMBERS.--
A. At its annual meeting, the board shall elect
a chair, a vice chair and a secretary-treasurer.
B. The chair shall preside over the meetings and
affairs of the board.
C. The vice chair shall perform such duties as
may be assigned by the chair and shall serve as chair due to the absence or
incompetence of the chair.
D. The secretary-treasurer shall:
(1) review applications for licensure and
interview applicants to determine eligibility for licensure;
(2) issue temporary licenses pursuant to Section
61-6-14 NMSA 1978;
(3) serve on committees related to board
activities that require physician participation;
(4) serve as a consultant on medical practice
issues when a board action is not required; and
(5) perform any other functions assigned by the
board or by the chair.
E. The secretary-treasurer may be compensated at
the discretion of the board.
F. Board members shall receive per diem and
mileage as provided in the Per Diem and Mileage Act and shall receive no other
compensation, perquisite or allowance, except that the secretary-treasurer may
be additionally compensated as provided in Subsection E of this section and
board members may be additionally compensated in accordance with Subsection G
of this section.
G. Board members or agents performing interviews
of applicants may be compensated at the board's discretion."
Section 5. Section 61-6-5 NMSA 1978 (being Laws 1973,
Chapter 361, Section 2, as amended) is amended to read:
"61-6-5. DUTIES AND POWERS.--The board shall:
A. enforce and administer the provisions of the
Medical Practice Act, the Physician Assistant Act, the Anesthesiologist
Assistants Act and the Impaired Health Care Provider Act;
B. adopt, publish and file, in accordance with
the Uniform Licensing Act and the State Rules Act, all rules for the
implementation and enforcement of the provisions of the Medical Practice Act,
the Physician Assistant Act, the Anesthesiologist Assistants Act and the
Impaired Health Care Provider Act;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses
and others appearing before the board, as appropriate;
E. take testimony on matters within the board's
jurisdiction;
F. keep an accurate record of all its meetings,
receipts and disbursements;
G. maintain records in which the name, address
and license number of all licensees shall be recorded, together with a record
of all license renewals, suspensions, revocations, probations, stipulations,
censures, reprimands and fines;
H. grant, deny, review, suspend and revoke
licenses to practice medicine and censure, reprimand, fine and place on
probation and stipulation licensees and applicants in accordance with the
Uniform Licensing Act for any cause stated in the Medical Practice Act and the
Impaired Health Care Provider Act;
I. hire staff and administrators as necessary to
carry out the provisions of the Medical Practice Act;
J. have the authority to hire or contract with
investigators to investigate possible violations of the Medical Practice Act;
K. have the authority to hire a competent
attorney to give advice and counsel in regard to any matter connected with the
duties of the board, to represent the board in any legal proceedings and to aid
in the enforcement of the laws in relation to the medical profession and to fix
the compensation to be paid to such attorney; provided, however, that such
attorney shall be compensated from the funds of the board;
L. establish continuing medical education
requirements for licensed physicians and continuing education requirements for
physician assistants;
M. establish committees as it deems necessary
for carrying on its business; and
N. hire or contract with a licensed physician to
serve as medical director and fulfill specified duties of the
secretary-treasurer."
Section 6. Section 61-6-6 NMSA 1978 (being Laws 1973,
Chapter 361, Section 1, as amended) is amended to read:
"61-6-6. DEFINITIONS.--As used in Chapter 61, Article
6 NMSA 1978:
A. "approved postgraduate training
program" means a program approved by the accrediting council on graduate
medical education of the American medical association or by the board;
B. "board" means the New Mexico
medical board;
C. "licensed physician" means a
medical doctor licensed under the Medical Practice Act to practice medicine in
New Mexico;
D. "licensee" means a medical doctor,
physician assistant or anesthesiologist assistant licensed by the board to
practice in New Mexico;
E. "medical college or school in good
standing" means a board-approved medical college or school that has as
high a standard as that required by the association of American medical
colleges and the council on medical education of the American medical association;
F. "medical student" means a student
enrolled in a board-approved medical college or school in good standing;
G. "physician assistant" means a
health professional who is licensed by the board to practice as a physician
assistant and who provides services to patients under the supervision and
direction of a licensed physician;
H. "intern" means a first-year
postgraduate student upon whom a degree of doctor of medicine and surgery or
equivalent degree has been conferred by a medical college or school in good
standing;
I. "resident" means a graduate of a
medical college or school in good standing who is in training in a
board-approved and accredited residency training program in a hospital or
facility affiliated with an approved hospital and who has been appointed to the
position of "resident" or "fellow" for the purpose of
postgraduate medical training;
J. "the practice of medicine" consists
of:
(1) advertising, holding out to the public or
representing in any manner that one is authorized to practice medicine in this
state;
(2) offering or undertaking to administer,
dispense or prescribe a drug or medicine for the use of another person, except
as authorized pursuant to a professional or occupational licensing statute set
forth in Chapter 61 NMSA 1978;
(3) offering or undertaking to give or administer,
dispense or prescribe a drug or medicine for the use of another person, except
as directed by a licensed physician;
(4) offering or undertaking to perform an
operation or procedure upon a person;
(5) offering or undertaking to diagnose, correct
or treat in any manner or by any means, methods, devices or instrumentalities
any disease, illness, pain, wound, fracture, infirmity, deformity, defect or
abnormal physical or mental condition of a person;
(6) offering medical peer review, utilization
review or diagnostic service of any kind that directly influences patient care,
except as authorized pursuant to a professional or occupational licensing
statute set forth in Chapter 61 NMSA 1978; or
(7) acting as the representative or agent of a
person in doing any of the things listed in this subsection;
K. "the practice of medicine across state
lines" means:
(1) the rendering of a written or otherwise
documented medical opinion concerning diagnosis or treatment of a patient
within this state by a physician located outside this state as a result of
transmission of individual patient data by electronic, telephonic or other
means from within this state to the physician or the physician's agent; or
(2) the rendering of treatment to a patient
within this state by a physician located outside this state as a result of
transmission of individual patient data by electronic, telephonic or other
means from within this state to the physician or the physician's agent;
L. "sexual contact" means touching the
primary genital area, groin, anus, buttocks or breast of a patient or allowing
a patient to touch another's primary genital area, groin, anus, buttocks or
breast in a manner that is commonly recognized as outside the scope of
acceptable medical practice;
M. "sexual penetration" means sexual
intercourse, cunnilingus, fellatio or anal intercourse, whether or not there is
any emission, or introducing any object into the genital or anal openings of
another in a manner that is commonly recognized as outside the scope of
acceptable medical practice; and
N. "United States" means the fifty
states, its territories and possessions and the District of Columbia."
Section 7. Section 61-6-7 NMSA 1978 (being Laws 1973,
Chapter 361, Section 3, as amended) is amended to read:
"61-6-7. SHORT TITLE--LICENSURE AS A PHYSICIAN
ASSISTANT‑‑SCOPE OF PRACTICE--BIENNIAL REGISTRATION OF SUPERVISION--LICENSE RENEWAL--FEES.--
A. Sections 61-6-7 through 61-6-10 NMSA 1978 may
be cited as the "Physician Assistant Act".
B. The board may license as a physician
assistant a qualified person who has graduated from a physician assistant or
surgeon assistant program accredited by the national accrediting body as
established by rule and has passed a physician assistant national certifying
examination as established by rule. The
board may also license as a physician assistant a person who passed the
physician assistant national certifying examination administered by the
national commission on certification of physician assistants prior to 1986.
C. A person shall not perform, attempt to
perform or hold himself out as a physician assistant without first applying for
and obtaining a license from the board and without registering his supervising
licensed physician in accordance with board rules.
D. Physician assistants may prescribe,
administer and distribute dangerous drugs other than controlled substances in
Schedule I of the Controlled Substances Act pursuant to rules adopted by the
board after consultation with the board of pharmacy if the prescribing,
administering and distributing are done under the direction of a supervising
licensed physician and within the parameters of a board-approved formulary and
guidelines established under Subsection C of Section 61‑6-9 NMSA
1978. The distribution process shall
comply with state laws concerning prescription packaging, labeling and record
keeping requirements. Physician
assistants shall not otherwise dispense dangerous drugs or controlled substances.
E. A physician assistant shall perform only the acts
and duties assigned to the physician assistant by a supervising licensed
physician that are within the scope of practice of the supervising licensed
physician.
F. An applicant for licensure as a physician
assistant shall complete application forms supplied by the board and shall pay
a licensing fee as provided in Section 61‑6-19 NMSA 1978.
G. A physician assistant shall biennially submit
proof of current certification by the national commission on certification of
physician assistants and shall renew the license and registration of
supervision of the physician assistant with the board. Applications for licensure or registration of
supervision shall include the applicant's name, current address, the name and office
address of the supervising licensed physician and other additional information
as the board deems necessary.
H. Before starting work, a physician assistant
shall ensure that the supervising licensed physician of the physician assistant
is registered by the board. The license
of a physician assistant shall only be valid when the physician assistant works
under the supervision of a board-registered licensed physician.
I. Each biennial renewal of licensure shall be
accompanied by a fee as provided in Section 61-6-19 NMSA 1978."
Section 8. Section 61-6-7.2 NMSA 1978 (being Laws 1997,
Chapter 187, Section 3) is amended to read:
"61-6-7.2. INACTIVE LICENSE.--
A. A physician assistant license shall expire
every two years on a date established by the board.
B. A physician assistant who notifies the board
in writing on forms prescribed by the board may elect to place his license on
an inactive status. A physician
assistant with an inactive license shall be excused from payment of renewal
fees and shall not practice as a physician assistant.
C. A physician assistant who engages in practice
while his license is lapsed or on inactive status is practicing without a
license, and this is grounds for discipline pursuant to the Physician Assistant
Act.
D. A physician assistant requesting restoration
from inactive status shall pay the current renewal fee and fulfill the
requirement for renewal pursuant to the Physician Assistant Act.
E. The board may, in its discretion, summarily
suspend for nonpayment of fees the license of a physician assistant who has not
renewed his license within ninety days of expiration.
F. A physician assistant who has not submitted
an application for renewal on or before the license expiration date, but who
has submitted an application for renewal within forty-five days after the
license expiration date, shall be assessed a late fee.
G. A physician assistant who has not submitted
an application for renewal between forty-six and ninety days after the
expiration date shall be assessed a late fee."
Section 9. Section 61-6-9 NMSA 1978 (being Laws 1973,
Chapter 361, Section 5, as amended) is amended to read:
"61-6-9. PHYSICIAN ASSISTANTS--RULES.--The board may
adopt and enforce reasonable rules for:
A. education, skill and experience for licensure
of a person as a physician assistant and providing forms and procedures for
biennial licensure and registration of supervision by a licensed physician;
B. examining and evaluating an applicant for
licensure as a physician assistant as to skill, knowledge and experience of the
applicant in the field of medical care;
C. establishing when and for how long physician
assistants are permitted to prescribe, administer and distribute dangerous
drugs other than controlled substances in Schedule I of the Controlled
Substances Act pursuant to rules adopted by the board after consultation with
the board of pharmacy;
D. allowing a supervising licensed physician to
temporarily delegate supervisory responsibilities for a physician assistant to
another licensed physician;
E. allowing a physician assistant to temporarily
serve under the supervision of a licensed physician other than the supervising
licensed physician of record; and
F. carrying out all other provisions of the
Physician Assistant Act."
Section 10. Section 61-6-10 NMSA 1978 (being Laws 1973,
Chapter 361, Section 6, as amended) is amended to read:
"61-6-10. SUPERVISING LICENSED
PHYSICIAN--RESPONSIBILITY.--
A. As a condition of licensure, all physician
assistants practicing in New Mexico shall inform the board of the name of the
licensed physician under whose supervision they will practice. All supervising physicians shall be licensed
under the Medical Practice Act and shall be approved by the board.
B. Every licensed physician supervising a
licensed physician assistant shall be individually responsible and liable for
the performance of the acts and omissions delegated to the physician assistant. Nothing in this section shall be construed to
relieve the physician assistant of responsibility and liability for the acts
and omissions of the physician assistant.
C. A licensed physician shall not supervise more
than two physician assistants; except, where a physician is working in a health
facility providing health service to the public primarily on a free or reduced
fee basis, that is funded in whole or in part out of public funds or the funds
of private charitable institutions or for good cause shown, the board may
authorize a greater number upon a finding that the program provides adequate
supervision of the physician assistants."
Section 11. Section 61-6-10.2 NMSA 1978 (being Laws 2001,
Chapter 311, Section 2) is amended to read:
"61-6-10.2. DEFINITIONS.--As used in the Anesthesiologist
Assistants Act:
A. "anesthesiologist" means a
physician licensed to practice medicine in New Mexico who has successfully completed
an accredited anesthesiology graduate medical education program, who is board
certified by the American board of anesthesiology or board eligible, who has
completed a residency in anesthesiology within the last three years and who is
an employee of the department of anesthesiology of a medical school in New
Mexico;
B. "anesthesiologist assistant" means
a skilled person employed or to be employed by a university in
New Mexico with a medical school certified by the board as
being qualified by academic and practical training to assist an
anesthesiologist in developing and implementing anesthesia care plans for
patients under the supervision and direction of the anesthesiologist who is
responsible for the performance of the anesthesiologist assistant;
C. "applicant" means a person who is
applying to the board for a license as an anesthesiologist assistant;
D. "board" means the New Mexico
medical board; and
E. "license" means an authorization to
practice as an anesthesiologist assistant."
Section 12. Section 61-6-11 NMSA 1978 (being Laws 1923,
Chapter 44, Section 3, as amended) is amended to read:
"61‑6‑11. LICENSURE.--
A. The board may consider for licensure a person
who is of good moral character, is a graduate of a medical college or school in
good standing, has passed an examination approved by the board and has
completed two years of an approved postgraduate training program.
B. An applicant who has not completed two years
of an approved postgraduate training program, but who otherwise meets all other
licensing requirements, may present evidence to the board of the applicant's
other professional experience for consideration by the board in lieu of the
approved postgraduate training program.
The board shall, in its sole discretion, determine if the professional
experience is substantially equivalent to the required approved postgraduate
training program.
C. A graduate of a board-approved medical
college located outside the United States may be granted a license to practice
medicine in New Mexico, provided the applicant presents evidence to the board
that the applicant is a person of good moral character and is in compliance
with the
United States immigration laws and provided that the
applicant presents satisfactory evidence to the board that the applicant has
successfully passed an examination as required by the board and has
successfully completed two years of postgraduate medical training in an
approved postgraduate training program.
D. All applicants for licensure may be required
to appear personally before the board or a designated agent for an interview.
E. An applicant for licensure by examination
shall not be granted a license if the applicant has taken the examination in
two or more steps and has failed to successfully pass the final step within
seven years of the date that the first step was passed. An applicant for licensure who holds a
medical doctor degree and a doctoral degree in a medically related field must
successfully complete the entire examination series within ten years from the
date the first step of the examination is passed.
F. Every applicant for licensure under this
section shall pay the fees required by Section 61‑6‑19 NMSA 1978.
G. The board may require fingerprints and other
information necessary for a state and national criminal background check."
Section 13. Section 61-6-13 NMSA 1978 (being Laws 1989,
Chapter 269, Section 9, as amended) is amended to read:
"61-6-13. LICENSURE BY ENDORSEMENT.--
A. The board may grant a license without
examination and by endorsement to an applicant who is properly endorsed by the
officers of the examining board with jurisdiction or by the Canadian medical
council and:
(1) has graduated from a medical college or
school in good standing;
(2) is board certified in a specialty recognized
by the American board of medical specialties;
(3) has been a licensed physician in
the United States or Canada and has practiced medicine in
the United States or Canada immediately preceding the application for at least
three years;
(4) holds an unrestricted license in another
state or Canada; and
(5) was not the subject of a disciplinary action
in a state or province.
B. The board may grant a license by endorsement
to an applicant who is properly endorsed by the officers of the examining board
with jurisdiction or by the Canadian medical council and:
(1) has graduated from a medical college located
outside the United States or Canada;
(2) is of good moral character;
(3) is in compliance with the United States
immigration laws;
(4) is board certified in a specialty recognized
by the American board of medical specialties;
(5) has been a licensed physician in the United
States or Canada and has practiced medicine in the United States or Canada
immediately preceding the application for at least three years;
(6) holds an unrestricted license in another
state or Canada; and
(7) was not the subject of disciplinary action in
a state or province.
C. An endorsement provided pursuant to this
section shall certify that the applicant has passed an examination that meets
with board approval and that the applicant is in good standing in that
jurisdiction. In cases when the
applicant is board-certified, has not been the subject of disciplinary action
that would be reportable to the national practitioner data bank or the
healthcare integrity and protection data bank and has unusual skills and
experience not generally available in this state, and patients residing in this
state have a significant need for such skills and experience, the board may
waive a requirement imposing time limits for examination completion that are
different from requirements of the state where the applicant is licensed.
D. An applicant for licensure under this section
may be required to personally appear before the board or a designated agent for
an interview.
E. An applicant for licensure under this section
shall pay an application fee as provided in Section 61‑6-19 NMSA 1978.
F. The board may require fingerprints and other
information necessary for a state and national criminal background check."
Section 14. Section 61-6-14 NMSA 1978 (being Laws 1953,
Chapter 48, Section 2, as amended) is amended to read:
"61-6-14. ORGANIZED YOUTH CAMP OR SCHOOL TEMPORARY
LICENSES AND TEMPORARY LICENSES FOR OUT-OF-STATE
PHYSICIANS.--
A. The secretary-treasurer of the board may
issue to an applicant qualified to practice medicine and surgery in this state,
either by examination or by endorsement, who will be temporarily in attendance
at an organized youth camp or school, a temporary license to practice medicine
and surgery, the practice to be confined to enrollees, leaders and employees of
the camp or school and the following provisions shall apply:
(1) the temporary license shall be issued for a
period not to exceed three months from date of issuance; and
(2) the temporary license may be issued upon
written application of the applicant, accompanied by such proof of the
qualifications of the applicant as specified by board rule.
B. The secretary-treasurer of the board may
issue to an applicant who is licensed to practice medicine in another state,
territory of the United States or another country and who is qualified to
practice medicine and surgery in this state a temporary license to practice
medicine under the supervision of a licensed physician. The following provisions shall apply:
(1) the temporary license may be issued upon
written application of the applicant, accompanied by proof of qualifications as
specified by rule of the board. A
temporary license may be granted to allow the applicant to assist in teaching,
conducting research, performing specialized diagnostic and treatment
procedures, implementing new technology and for physician educational
purposes. A licensee may engage in only
the activities specified on the temporary license, and the temporary license
shall identify the licensed physician who will supervise the applicant during
the time the applicant practices medicine in New Mexico. The supervising licensed physician shall
submit an affidavit attesting to the qualifications of the applicant and
activities the applicant will perform; and
(2) the temporary license shall be issued for a
period not to exceed three months from date of issuance and may be renewed upon
application and payment of fees as provided in Section 61-6-19 NMSA 1978.
C. The application for a temporary license under
this section shall be accompanied by a license fee as provided in Section
61-6-19 NMSA 1978."
Section 15. Section 61-6-15 NMSA 1978 (being Laws 1969,
Chapter 46, Section 6, as amended) is amended to read:
"61‑6‑15. LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED‑‑LICENSEE
MAY BE FINED, CENSURED OR REPRIMANDED--PROCEDURE--PRACTICE AFTER SUSPENSION OR
REVOCATION--PENALTY--UNPROFESSIONAL AND DISHONORABLE CONDUCT DEFINED--FEES AND
EXPENSES.--
A. The board may refuse to license and may
revoke or suspend a license that has been issued by the board or a previous
board and may fine, censure or reprimand a licensee upon satisfactory proof
being made to the board that the applicant for or holder of the license has
been guilty of unprofessional or dishonorable conduct. The board may also refuse to license an
applicant who is unable to practice medicine, or practice as a physician
assistant or an anesthesiologist assistant, pursuant to Section 61‑7‑3
NMSA 1978. All proceedings shall be as
required by the Uniform Licensing Act or the Impaired Health Care Provider Act.
B. The board may, in its discretion and for good
cause shown, place the licensee on probation on the terms and conditions it
deems proper for protection of the public, for the purpose of rehabilitation of
the probationer or both. Upon expiration
of the term of probation, if a term is set, further proceedings may be abated
by the board if the holder of the license furnishes the board with evidence
that the licensee is competent to practice, is of good moral character and has
complied with the terms of probation.
C. If evidence fails to establish to the
satisfaction of the board that the licensee is competent and is of good moral
character or if evidence shows that the licensee has not complied with the
terms of probation, the board may revoke or suspend the license. If a license to practice in this state is
suspended, the holder of the license may not practice during the term of
suspension. A person whose license has been revoked or suspended by the board
and who thereafter practices or attempts or offers to practice in New Mexico,
unless the period of suspension has expired or been modified by the board or
the license reinstated, is guilty of a felony and shall be punished as provided
in Section 61‑6‑20 NMSA 1978.
D. "Unprofessional or dishonorable
conduct", as used in this section, means, but is not limited to because of
enumeration, conduct of a licensee that includes the following:
(1) procuring, aiding or abetting a criminal
abortion;
(2) employing a person to solicit patients for
the licensee;
(3) representing to a patient that a manifestly
incurable condition of sickness, disease or injury can be cured;
(4) obtaining a fee by fraud or
misrepresentation;
(5) willfully or negligently divulging a
professional confidence;
(6) conviction of an offense punishable by
incarceration in a state penitentiary or federal prison or conviction of a
misdemeanor associated with the practice of the licensee. A copy of the record of conviction, certified
by the clerk of the court entering the conviction, is conclusive evidence;
(7) habitual or excessive use of intoxicants or
drugs;
(8) fraud or misrepresentation in applying for or
procuring a license to practice in this state or in connection with applying
for or procuring renewal, including cheating on or attempting to subvert the
licensing examinations;
(9) making false or misleading statements
regarding the skill of the licensee or the efficacy or value of the medicine,
treatment or remedy prescribed or administered by the licensee or at the
direction of the licensee in the treatment of a disease or other condition of
the human body or mind;
(10) impersonating another licensee, permitting or
allowing a person to use the license of the licensee or practicing as a
licensee under a false or assumed name;
(11) aiding or abetting the practice of a person
not licensed by the board;
(12) gross negligence in the practice of a
licensee;
(13) manifest incapacity or incompetence to
practice as a licensee;
(14) discipline imposed on a licensee by another
state, including probation, suspension or revocation, based upon acts by the
licensee similar to acts described in this section. A certified copy of the record of suspension
or revocation of the state making the suspension or revocation is conclusive
evidence;
(15) the use of a false, fraudulent or deceptive
statement in a document connected with the practice of a licensee;
(16) fee splitting;
(17) the prescribing, administering or dispensing
of narcotic, stimulant or hypnotic drugs for other than accepted therapeutic
purposes;
(18) conduct likely to deceive, defraud or harm
the public;
(19) repeated similar negligent acts;
(20) employing abusive billing practices;
(21) failure to report to the board any adverse
action taken against the licensee by:
(a) another licensing jurisdiction;
(b) a peer review body;
(c) a health care entity;
(d) a professional or medical society or
association;
(e) a governmental agency;
(f) a law enforcement agency; or
(g) a court for acts or conduct similar to acts
or conduct that would constitute grounds for action as defined in this section;
(22) failure to report to the board surrender of a
license or other authorization to practice in another state or jurisdiction or
surrender of membership on any medical staff or in any medical or professional
association or society following, in lieu of and while under disciplinary
investigation by any of those authorities or bodies for acts or conduct similar
to acts or conduct that would constitute grounds for action as defined in this
section;
(23) failure to furnish the board, its
investigators or representatives with information requested by the board;
(24) abandonment of patients;
(25) being found mentally incompetent or insane by
a court of competent jurisdiction;
(26) injudicious prescribing, administering or
dispensing of a drug or medicine;
(27) failure to adequately supervise, as provided
by board rule, a medical or surgical assistant or technician or professional
licensee who renders health care;
(28) sexual contact with a patient or person who
has authority to make medical decisions for a patient, other than the spouse of
the licensee, after representing or inferring that the activity is a legitimate
part of the patient's treatment;
(29) conduct unbecoming in a person licensed to
practice or detrimental to the best interests of the public;
(30) the surrender of a license or withdrawal of
an application for a license before another state licensing board while an
investigation or disciplinary action is pending before that board for acts or
conduct similar to acts or conduct that would constitute grounds for action
pursuant to this section;
(31) sexual contact with a former mental health
patient of the licensee, other than the spouse of the licensee, within one year
from the end of treatment;
(32) sexual contact with a patient when the licensee
uses or exploits treatment, knowledge, emotions or influence derived from the
previous professional relationship;
(33) improper management of medical records,
including failure to maintain timely, accurate, legible and complete medical
records;
(34) failure to provide pertinent and necessary
medical records to a physician or patient of the physician in a timely manner
when legally requested to do so by the patient or by a legally designated
representative of the patient;
(35) undertreatment of pain as provided by board
rule;
(36) interaction with physicians, hospital
personnel, patients, family members or others that interferes with patient care
or could reasonably be expected to adversely impact the quality of care
rendered to a patient;
(37) soliciting or receiving compensation by a
physician assistant or anesthesiologist assistant from a person who is not an
employer of the assistant; or
(38) willfully or negligently divulging privileged
information or a professional secret.
E. As used in this section, "fee
splitting" includes offering, delivering, receiving or accepting any
unearned rebate, refunds, commission preference, patronage dividend, discount
or other unearned consideration, whether in the form of money or otherwise, as
compensation or inducement for referring patients, clients or customers to a
person, irrespective of any membership, proprietary interest or co-ownership in
or with a person to whom the patients, clients or customers are referred.
F. Licensees whose licenses are in a
probationary status shall pay reasonable expenses for maintaining probationary
status, including laboratory costs when laboratory testing of biological fluids
are included as a condition of probation."
Section 16. Section 61-6-16 NMSA 1978 (being Laws 1989,
Chapter 269, Section 12) is amended to read:
"61-6-16. REPORTING OF SETTLEMENTS AND JUDGMENTS,
PROFESSIONAL REVIEW ACTIONS AND ACCEPTANCE OF SURRENDERED LICENSE--IMMUNITY
FROM CIVIL DAMAGES--PENALTY.--
A. All entities that make payments under a
policy of insurance, self-insurance or otherwise in settlement or satisfaction
of a judgment in a medical malpractice action or claim, hospitals, health care
entities and professional review bodies shall report to the board all payments
relating to malpractice actions or claims arising in New Mexico, all appropriate
professional review actions of licensees and the acceptance or surrender of
clinical privileges by a licensee while under investigation or in lieu of an
investigation. For the purposes of this
section, the meaning of these terms shall be as contained in Section 431 of the
federal Health Care Quality Improvement Act of 1986, 42 USCA Section 11151.
B. The hospitals required to report under this
section, health care entities or professional review bodies that provide such
information in good faith shall not be subject to suit for civil damages as a
result of providing the information.
C. A hospital, health care entity or
professional review body failing to comply with the reporting requirements
provided in this section shall be subject to civil penalty not to exceed ten
thousand dollars ($10,000)."
Section 17. Section 61-6-17 NMSA 1978 (being Laws 1973,
Chapter 361, Section 8, as amended) is amended to read:
"61‑6‑17. EXCEPTIONS TO ACT.--The Medical Practice Act
shall not apply to or affect:
A. gratuitous services rendered in cases of
emergency;
B. the domestic administration of family
remedies;
C. the practice of midwifery as regulated in
this state;
D. commissioned medical officers of the armed
forces of the United States and medical officers of the United States public
health service or the veterans administration of the United States in the
discharge of their official duties or within federally controlled facilities;
provided that such persons who hold medical licenses in
New Mexico shall be subject to the provisions of the Medical
Practice Act and provided that all such persons shall be fully licensed to
practice medicine in one or more jurisdictions of the United States;
E. the practice of medicine by a physician,
unlicensed in New Mexico, who performs emergency medical procedures in air or
ground transportation on a patient from inside of New Mexico to another state
or back, provided the physician is duly licensed in that state;
F. the practice, as defined and limited under
their respective licensing laws, of:
(1) osteopathy;
(2) dentistry;
(3) podiatry;
(4) nursing;
(5) optometry;
(6) psychology;
(7) chiropractic;
(8) pharmacy;
(9) acupuncture and oriental medicine; or
(10) physical therapy;
G. an act, task or function performed by a
physician assistant at the direction of and under the supervision of a licensed
physician, when:
(1) the physician assistant is currently licensed
by the board;
(2) the act, task or function is performed at the
direction of and under the supervision of a licensed physician in accordance
with rules promulgated by the board; and
(3) the acts of the physician assistant are
within the scope of duties assigned or delegated by the supervising licensed
physician and the acts are within the scope of the assistant's training;
H. an act, task or function of laboratory
technicians or technologists, x-ray technicians, nurse practitioners, medical
or surgical assistants or other technicians or qualified persons permitted by
law or established by custom as part of the duties delegated to them by:
(1) a licensed physician or a hospital, clinic or
institution licensed or approved by the public health division of the
department of health or an agency of the federal government; or
(2) a health care program operated or financed by
an agency of the state or federal government;
I. a properly trained medical or surgical
assistant or technician or professional licensee performing under the
physician's employment and direct supervision or a visiting physician or
surgeon operating under the physician's direct supervision a medical act that a
reasonable and prudent physician would find within the scope of sound medical
judgment to delegate if, in the opinion of the delegating physician, the act
can be properly and safely performed in its customary manner and if the person
does not hold himself out to the public as being authorized to practice
medicine in New Mexico. The delegating
physician shall remain responsible for the medical acts of the person performing
the delegated medical acts;
J. the practice of the religious tenets of a
church in the ministration to the sick or suffering by mental or spiritual
means as provided by law; provided that the Medical Practice Act shall not be
construed to exempt a person from the operation or enforcement of the sanitary
and quarantine laws of the state;
K. the acts of a physician licensed under the
laws of another state of the United States who is the treating physician of a
patient and orders home health or hospice services for a resident of New Mexico
to be delivered by a home and community support services agency licensed in
this state; provided that a change in the condition of the patient shall be
physically reevaluated by the treating physician in the treating physician's
jurisdiction or by a licensed
New Mexico physician;
L. a physician licensed to practice under the
laws of another state who acts as a consultant to a
New Mexico-licensed physician on an irregular or infrequent
basis, as defined by rule of the board; and
M. a physician who engages in the informal
practice of medicine across state lines without compensation or expectation of
compensation; provided that the practice of medicine across state lines
conducted within the parameters of a contractual relationship shall not be
considered informal and is subject to licensure and rule by the board."
Section 18. Section 61-6-18.1 NMSA 1978 (being Laws 1994,
Chapter 80, Section 10) is amended to read:
"61-6-18.1. PUBLIC SERVICE LICENSE.--
A. Applicants for a public service license shall
meet all requirements for licensure and shall:
(1) be enrolled in a board-approved residency
training program either in New Mexico or in another jurisdiction;
(2) obtain written approval from the training
program director of the applicant to pursue a public service practice
opportunity outside the residency training program;
(3) obtain advance written approval from the
training program director of the applicant to return to the residency training
program following the period of public service; and
(4) satisfy other reasonable requirements imposed
by the board.
B. A physician with one year postdoctoral
training may apply for a public service license when he is under the direct
supervision of a licensed physician or has immediate access to a licensed
physician by electronic means when the public service physician is employed in
a medically underserved area.
C. A public service license shall be valid for a
period of time not to exceed twelve months.
A public service license may be renewed by the board.
D. An applicant for a public service license
shall pay the required fees set forth in Section 61-6-19 NMSA 1978."
Section 19. Section 61-6-19 NMSA 1978 (being Laws 1989,
Chapter 269, Section 15, as amended) is amended to read:
"61‑6‑19. FEES.--
A. The board shall impose the following fees:
(1) an application fee not to exceed four hundred
dollars ($400) for licensure by endorsement as provided in Section 61‑6‑13
NMSA 1978;
(2) an application fee not to exceed four hundred
dollars ($400) for licensure by examination as provided in Section 61‑6‑11
NMSA 1978;
(3) a triennial renewal fee not to exceed four
hundred fifty dollars ($450);
(4) a fee of twenty-five dollars ($25.00) for
placing a physician's license or a physician assistant's license on inactive
status;
(5) a late fee not to exceed one hundred dollars
($100) for physicians who renew their license within forty-five days after the
required renewal date;
(6) a late fee not to exceed two hundred dollars
($200) for physicians who renew their licenses between forty-six and ninety
days after the required renewal date;
(7) a reinstatement fee not to exceed six hundred
dollars ($600) for reinstatement of a revoked, suspended or inactive license;
(8) a reasonable administrative fee for
verification and duplication of license or registration and copying of records;
(9) a reasonable publication fee for the purchase
of a publication containing the names of all practitioners licensed under the
Medical Practice Act;
(10) an impaired physician fee not to exceed one
hundred fifty dollars ($150) for a three-year period;
(11) an interim license fee not to exceed one
hundred dollars ($100);
(12) a temporary license fee not to exceed one
hundred dollars ($100);
(13) a postgraduate training license fee not to
exceed fifty dollars ($50.00) annually;
(14) an application fee not to exceed one hundred
fifty dollars ($150) for physician assistants applying for initial licensure;
(15) a licensure fee not to exceed one hundred
fifty dollars ($150) for physician assistants biennial licensing and
registration of supervising licensed physician;
(16) a late fee not to exceed fifty dollars
($50.00) for physician assistants who renew their licensure within forty-five
days after the required renewal date;
(17) a late fee not to exceed seventy-five dollars
($75.00) for physician assistants who renew their licensure between forty-six
and ninety days after the required renewal date;
(18) a reinstatement fee not to exceed one hundred
dollars ($100) for physician assistants who reinstate an expired license;
(19) a processing fee not to exceed fifty dollars
($50.00) for each change of a supervising licensed physician for a physician
assistant;
(20) a fee not to exceed three hundred dollars
($300) annually for a physician supervising a clinical pharmacist; and
(21) an application and renewal fee for a telemedicine
license not to exceed four hundred dollars ($400).
B. All fees are nonrefundable and shall be used
by the board to carry out its duties efficiently."
Section 20. Section 61-6-21 NMSA 1978 (being Laws 1989,
Chapter 269, Section 17) is amended to read:
"61-6-21. CONTINUING MEDICAL EDUCATION--PENALTY.--
A. The board may establish rules pertaining to
continuing medical education for licensees.
B. The board may suspend the license of a
licensee who fails to comply with continuing medical education or continuing
education requirements until the requirements are fulfilled."
Section 21. Section 61-6-23 NMSA 1978 (being Laws 1989,
Chapter 269, Section 19) is amended to read:
"61-6-23. INVESTIGATION--SUBPOENA.--To investigate a
complaint against a licensee, the board may issue investigative subpoenas prior
to the issuance of a notice of contemplated action."
Section 22. Section 61-6-26 NMSA 1978 (being Laws 1989,
Chapter 269, Section 22, as amended) is amended to read:
"61-6-26. TRIENNIAL RENEWAL FEES--PENALTY FOR FAILURE
TO RENEW LICENSE.--
A. On or before July 1 of every third year,
every licensed physician in this state shall apply for a certificate of
triennial renewal of license for the ensuing three years. The fact that a licensed physician has not
received a renewal form from the board shall not relieve the physician of the
duty to renew the license and the omission by the board shall not operate to
exempt the physician from the penalties provided by Chapter 61, Article 6 NMSA
1978 for failure to renew his license.
B. All licensed physicians shall pay a triennial
renewal fee and impaired physicians fee as provided in Section 61-6-19 NMSA
1978 and shall return the completed renewal form together with the renewal fee
and other required documentation.
C. Each application for triennial renewal of
license shall state the licensed physician's full name, business address,
license number and date and all other information requested by the board.
D. A licensed physician who fails to submit his
application for triennial renewal on or before July 1 but who submits his
application for triennial renewal by August 15 shall be assessed a late fee as
provided in Section 61-6-19 NMSA 1978.
E. A physician who submits the application for
triennial renewal between August 16 and September 30 shall be assessed a
cumulative late fee as provided in Paragraph (6) of Subsection A of Section
61-6-19 NMSA 1978.
F. After September 30, the board may, in its
discretion, summarily suspend for nonpayment of fees the license of a physician
who has failed to renew his license."
Section 23. Section 61-6-27 NMSA 1978 (being Laws 1945,
Chapter 74, Section 2, as amended) is amended to read:
"61-6-27. ISSUANCE AND DISPLAY OF RENEWAL
CERTIFICATE.--The board shall issue to each licensed
physician, upon application in accordance with the provisions of the Medical
Practice Act and upon payment of the appropriate fees and upon documentation of
continuing education requirements, a certificate of triennial renewal, under
the seal of the board, for the ensuing three years. The certificate of renewal shall contain the
licensed physician's name, business address, license date and number and other
information as the board deems advisable.
The certificate of triennial renewal shall, at all times, be displayed
conspicuously in the principal office or practice location of the licensed
physician to whom it has been issued."
Section 24. Section 61-6-28 NMSA 1978 (being Laws 1945,
Chapter 74, Section 3, as amended) is amended to read:
"61-6-28. LICENSED PHYSICIANS--CHANGING LOCATION.--A
licensed physician who changes the location of his office or residence shall
promptly notify the board of the change."
Section 25. Section 61-6-30 NMSA 1978 (being Laws 1969,
Chapter 46, Section 15, as amended) is amended to read:
"61-6-30. RESTORATION OF GOOD STANDING--FEES AND OTHER
REQUIREMENTS.--
A. Before restoring to good standing a license
that has been in a revoked, suspended or inactive status for any cause for more
than two years, the board may require the applicant to pass an oral or written
examination, or both, to determine the current fitness of the applicant to
resume practice and may impose conditions in its discretion.
B. The authority of the board to impose terms
and conditions includes, but is not limited to, the following:
(1) requiring the applicant to obtain additional
training and to pass an examination upon completion of such training; or
(2) restricting or limiting the extent, scope or
type of practice of the applicant.
C. The board shall also consider the moral background
and the activities of the applicant during the period of suspension or
inactivity.
D. If the board in its discretion determines
that the applicant is qualified to be reissued a license in good standing, the
applicant shall pay to the board a reinstatement fee."
Section 26. Section 61-6-31 NMSA 1978 (being Laws 1989,
Chapter 269, Section 27) is amended to read:
"61-6-31. DISPOSITION OF FUNDS--NEW MEXICO MEDICAL
BOARD FUND CREATED--METHOD OF PAYMENTS.--
A. There is created the "New Mexico medical
board fund".
B. All funds received by the board and money
collected under the Medical Practice Act, the Physician Assistant Act, the
Anesthesiologist Assistants Act and the Impaired Health Care Provider Act shall
be deposited with the state treasurer who shall place the same to the credit of
the New Mexico medical board fund.
C. All payments out of the fund shall be made on
vouchers issued and signed by the secretary-treasurer of the board or the
designee of the secretary-treasurer upon warrants drawn by the department of
finance and administration in accordance with the budget approved by that
department.
D. All amounts in the New Mexico medical board
fund shall be subject to the order of the board and shall be used only for the
purpose of meeting necessary expenses incurred in:
(1) the performance of the provisions of the
Medical Practice Act, the Physician Assistant Act, the Anesthesiologist
Assistants Act and the Impaired Health Care Provider Act and the duties and
powers imposed by those acts; and
(2) the promotion of medical education and
standards in this state within the budgetary limits.
E. All funds that may have accumulated to the
credit of the board under any previous law shall be transferred to the New
Mexico medical board fund and shall continue to be available for use by the
board in accordance with the provisions of the Medical Practice Act, the
Physician Assistant Act, the Anesthesiologist Assistants Act and the Impaired
Health Care Provider Act. All money
unused at the end of the fiscal year shall not revert, but shall remain in the
fund for use in accordance with the provisions of the Medical Practice Act, the
Physician Assistant Act, the Anesthesiologist Assistants Act and the Impaired
Health Care Provider Act."
Section 27. Section 61-6-33 NMSA 1978 (being Laws 1989,
Chapter 269, Section 29, as amended) is amended to read:
"61-6-33. LICENSURE STATUS.--Upon a verified written
request, a licensee may request that the license be put in retirement, inactive
or voluntary lapsed status. Upon request
for reinstatement of active status, the board may impose conditions as provided
in Section 61-6-30 NMSA 1978."
Section 28. TEMPORARY PROVISION--TRANSFER OF PERSONNEL,
PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On July 1, 2003:
A. all functions, personnel, appropriations,
money, records, equipment, supplies and other property of the New Mexico board
of medical examiners shall be transferred to the New Mexico medical board;
B. all contracts of the New Mexico board of
medical examiners shall be binding and effective on the
New Mexico medical board; and
C. all references in law to the New Mexico board
of medical examiners shall be deemed to be references to the New Mexico medical
board.
Section 29. REPEAL.--Sections 61-6-8, 61-6-8.1,
61-6-10.8 and 61-6-29 NMSA 1978
(being Laws 1973, Chapter 361,
Section 4, Laws 1997, Chapter
187, Section 6, Laws 2001,
Chapter 311, Section 8 and Laws
1989, Chapter 269, Section 25,
as amended) are repealed.