New Mexico Register / Volume XXXII, Issue 22 / November 30,
2021
NOTICE OF PUBLIC
HEARING
Public
Notice. The New Mexico
Medical Board (NMMB) gives notice that it will conduct a public rule hearing on
January 12, 2022 at 3:00 p.m. (MDT). This rule hearing is tentatively in person and
can be accessed virtually. The purpose
of the public hearing is to receive public input on the proposed amendments to 16.10.2
NMAC - Physicians: Physicians Licensure
Requirements, 16.10.3 - Examinations, 16.10.4 NMAC - Continuing Medical
Education, 16.10.5 - Disciplinary Power of the Board, 16.10.9 - Fees, 16.10.10 -
Reporting of Settlements, Judgements, Adverse Actions & Credentialing
Discrepancies, 16.10.11 - Physicians Supervising Pharmacist Clinicians, 16.10.14
- Management of Pain and Other Conditions with Controlled Substances, 16.10.15 -
Physician Assistants: Licensure and Practice Requirements, and 16.6.1 - 16.6.11
NMAC - Naprapathic Practitioners. Physical Hearing Location is 2055 South
Pacheco Street, Bldg. 400, Santa Fe, NM 87505.
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Purpose.
During the 2021 Legislative Session SB279
passed and was signed by Governor Lujan Grisham on April 5, 2021. SB279 merged the Osteopathic Examiners Board
with the New Mexico Medical Board. The proposed
changes to 16.10.2 through 16.10.15 NMAC are to change any reference of Medical
Doctor to Physician to incorporate Doctors of Osteopathic Medicine and to add
the licensure requirements for Doctors of Osteopathic Medicine.
Also,
during the 2021 Legislative Session New Mexico’s criminal code for
disqualifying criminal convictions under Section 61-1-1
NMSA 1978 was amended by SB2 to include a new section regulating exclusion
from licensure. An additional proposed
change to 16.10.2 NMAC is to incorporate this amendment into the NMMB Rules.
The
purpose of the proposed changes to 16.10.9 NMAC is to add Naturopathic Doctor
fees to the fees rule.
The
purpose of the proposed changes to 16.6.3 NMAC is to change the title of Naprapathic Physicians to Naprapathic
Practitioners and to change the Naprapathic Practitioners
fees to be more in line with similar license type fees, this proposed change
reduces the required fees. The purpose
of the proposed changes to 16.6.5 NMAC revises the process for reinstatement of
a Naprapathic Practitioners license from inactive
status, these changes would lower the reinstatement fee for this license
type. The purpose of the proposed
changes to 16.10.7 is to combine the requirements for licensure by examination
and endorsement because the requirements are the same. The purpose of 16.6.8 NMAC is to change the title of Naprapathic Physicians to Naprapathic
Practitioners and to delete a diagnostic procedure not used by Naprapathic Practitioners.
The purpose of the changes to 16.6.9 is to change the title of Naprapathic Physicians to Naprapathic
Practitioners, and to clarify supervision requirements of intern naprapaths.
The
statutory authorization. Sections 61-6-1
through 61-6-35 NMSA 1978, Sections 61-12G-1 through 61-12G-13 NMSA 1978 and
61-12F-1 through 61-12F-11 NMSA 1978 grants the NMMB authority to make rules
not inconsistent with law in order to promote the public welfare and protect
the citizens of New Mexico. Section 61-1-1
NMSA 1978 New Mexico Criminal Code.
No
technical information serves as a basis for this proposed rule change.
Public
comment. Interested parties
may provide comment on the proposed amendments of this state rule at the public
hearing or may submit written comments to Sondra Frank, Esq., New Mexico
Medical Board, 2055 South Pacheco Street, Bldg. 400, Santa Fe, NM 87505, or by electronic mail to AmandaL.Quintana@state.nm.us. All written comments must be received no
later than 5:00 p.m. (MDT) on January 12, 2022. All written comments will be posted to the
agency website within (3) three business days.
Copies
of proposed rule. Copies of the
proposed rules may be accessed through the New Mexico Medical Board’s website
at www.nmmb.state.nm.us or may be obtained from the Board office by calling (505)
476-7220 or via
email at AmandaL.Quintana@state.nm.us.
Individuals
with disabilities who require the above information in an alternative format,
or who need any form of auxiliary aid to attend or participate in the public
hearing are asked to contact Amanda Quintana at (505) 476-7230 or via email at AmandaL.Quintana@state.nm.us. The New Mexico Medical Board requires at
least ten (10) calendar days advance notice to provide any special
accommodations requested.
Summary
of proposed changes. The Board
summarizes its proposed changes to its administrative rules as follows:
16.10.2
NMAC - Physicians: Licensure
Requirements
As
a general summary, the proposed changes to 16.10.2 NMAC change the term
“allopathic” physicians to physicians so that both allopathic doctors (MD’s)
and doctors of osteopathy (DO’s) are incorporated into the rule. The proposed change adds osteopathic
physician credentials and licensure requirements and adds the definition of
physician which means “allopathic doctor (MD) or doctor of osteopathy (DO).”
An
additional proposed change to 16.10.2 NMAC is to add to the NMMB’s licensing
requirements a list specific criminal convictions that could disqualify an
applicant from receiving a license based on a previous felony conviction.
16.10.3
NMAC - Examinations
As
a general summary, the proposed changes to 16.10.3 NMAC again changes the
reference from allopathic physician to physicians and adds the required exams
for osteopathic medical licensing.
16.10.4
NMAC - Continuing Medical Education
As
a general summary, the proposed changes to 16.10.4 NMAC adds the required
continuing medical education for osteopathic medical licensing.
16.10.5
NMAC - Disciplinary Power of the Board
As
a general summary, the proposed changes to 16.10.5 NMAC is to update the rule
to add more relevant language and take out obsolete processes.
16.10.9
NMAC - Fees
As
a general summary, the proposed changes to 16.10.9 NMAC adds the licensing,
renewal and miscellaneous fees for Naturopathic Doctors.
16.10.10
NMAC - Reporting of Settlements, Judgements, Adverse Actions &
Credentialing Discrepancies
As
a general summary, the proposed change is to add “locum tenens or staffing
agencies” to the definition of “Health care entity”.
16.10.11
NMAC - Physicians Supervising Pharmacist Clinicians
As
a general summary, the proposed changes are to update the rule language with
current practice and licensing processes and requirements.
16.10.14
NMAC - Management of Pain and Other Conditions with Controlled Substances
As
a general summary, the proposed changes to 16.10.14 NMAC changes the term
medical doctor to physician.
16.10.15
NMAC - Physician Assistants: Licensure
and Practice Requirements
As
a general summary, the proposed changes to 16.10.15 NMAC changes the term
medical doctor to physician.
16.6.3
NMAC - Fees
As
a general summary, the proposed changes to 16.6.3 NMAC lower the fees for Naprapathic practitioner licensing to align with the fees
for other mid-level providers licensed by the NMMB.
16.6.5
NMAC - Inactive Status, Reinstatement
As
a general summary, the proposed changes to 16.6.5 NMAC allow for a Naprapthic practitioner to inactivate their license with a one time fee of $25.00 as opposed to $100.00 per year.
16.6.7
NMAC - Licensure by Endorsement and Examination
As
a general summary, the proposed changes to 16.6.7 NMAC combines the
requirements for Naprapthic practitioner licensing by
endorsement and by examination. The
requirements are similar and did not need to be separated in the rule.
16.6.8
NMAC - Practice Procedures
As
a general summary, the proposed changes to 16.6.8 NMAC changes the name Naprapathic physicians to Naprapathic
practitioner and also deletes a diagnostic procedure that is not used, beaches
emergency assistance ministry.
16.6.9
NMAC - Supervision of Interns
As
a general summary, the proposed changes to 16.6.9 NMAC clarify the procedures
for the supervision of interns and also changes he term doctor to naprapathic practitioner.