New Mexico Register / Volume
XXXIII, Issue 13 / July 12, 2022
This is an
amendment to 16.10.2 NMAC, Sections 7, 9, 12, 13 thru 15, 18 thru 20 effective
7/12/2022.
16.10.2.7 DEFINITIONS:
A. “Absence of good moral character” means any conduct
that calls into question an applicant’s fitness or suitability to engage in
licensed practice, or that is antithetical to the promotion of the public
health, safety, and welfare, as determined by the board, constitutes a lack of
good moral character. The conduct
subject to the Board’s evaluation for good moral character may or may not arise
in the context of professional practice.
B. “AOA” means the American
osteopathic association.
C. “AOA-BOS” means the American
osteopathic association bureau of osteopathic specialists.
D. “Board approved school” means a medical
school that has been approved by the liaison committee on medical education,
composed of the American medical association and the association of American
medical colleges, has a liaison council on medical education (LCME)-approved
curriculum or equivalent for graduates of Canadian schools, [is on the
approved list of the California state medical board,] is accredited by the
American osteopathic association or commission on osteopathic accreditation, or
has been approved by the board. Foreign
medical graduates that are vetted and approved for a board approved training
program and hold an ECFMG certification are considered to have graduated from an
acceptable medical education, as if they have graduated from a board approved
school.
E. “Board approved
training program” means a program approved by the accrediting council on
graduate medical education of the American medical association (ACGME), is
approved by American osteopathic association (AOA), the royal college of
physicians and surgeons of Canada (RCPSC), or a residency program located
within an ACGME approved institution that has been approved by the board.
F. “Board approved credential verification
service” means a credential verification service certified by the national
commission on quality assurance (NCQA) and approved by the board.
G. “Disqualifying criminal conviction” means a
conviction pursuant to the Uniform Licensing Act, Section 61-1-36, NMSA 1978,
for a crime that is job-related for the position in question and consistent
with business necessity.
H. “ECFMG” means educational commission for foreign
medical students.
[H] I. “FCVS”
means the federation credential verification service of the federation of state
medical boards.
[I] J. “Good moral character” means
qualities evidencing an applicant’s present good moral character for purposes
of licensure including candor, honesty, integrity, a respect for the law,
regard for the welfare, safety, and rights of another, and fidelity and
trustworthiness in the practice of the professions for which they may be
licensed. Conversely, an applicant whose
conduct reflects the absence of one or more of these qualities may be said to
lack the good moral character required for licensure. It is a continuing duty to exhibit good moral
character as a licensee. Absence of good
moral character means any conduct that calls into question an applicant’s
fitness or suitability to engage in licensed practice, or that is antithetical
to the promotion of the public health, safety, and welfare, as determined by
the board, constitutes a lack of good moral character. The conduct subject to the board’s evaluation
for good moral character may or may not arise in the context of professional
practice.
[J] K. “HSC”
means the hospital services corporation, a New Mexico corporation, and a
credential verification organization certified by the national commission on
quality assurance (NCQA).
[K] L. “Major disaster” means a declaration of
a major disaster by the federal emergency management agency (FEMA).
[L] M. “Military service member”
means a person who is serving in the armed forces of the United States or in a
reserve component of the armed forces of the United States, including the
national guard.
[M] N. “Nationwide
criminal history record,” information concerning a person’s arrests,
indictments, or other formal criminal charges and any dispositions arising
there from, including convictions, dismissals, acquittals, sentencing and
correctional supervision, collected by criminal justice agencies and stored in
the computerized databases of the federal bureau of investigation, the national
law enforcement telecommunications systems, the department of public safety or
the repositories of criminal history information in other states.
[N] O. “Nationwide criminal history screening,” a
criminal history background investigation of an applicant for licensure by
examination or endorsement through the use of
fingerprints reviewed by the department of public safety and submitted to the
federal bureau of investigation, resulting in the generation of a nationwide
criminal history record for that applicant.
P. “Out of state sports team,” means an entity or organization:
(1) for which athletes engage in sporting
events;
(2) headquartered or organized under laws
other than the laws of New Mexico; and
(3) a majority of
whose staff and athletes are residents of another state.
[O] Q. “Physician” means allopathic doctor (MD)
or doctor of osteopathy (DO).
[P] R. “Recent
veteran” means a person who has received an honorable discharge or
separation from military service within the two years immediately preceding the
date the person applies for a medical license pursuant to 16.10.2.17 NMAC. The veteran shall submit a copy of Form
DD214, or its equivalent, as part of the application process.
S. “Sporting event” means a scheduled sporting event involving
an out of state sports team for which an admission fee is charged to the
public, including any preparation or practice related to the activity.
[Q] T. “Telemedicine” means the practice of
medicine across state lines as defined in the Medical Practice Act, Section
61-6-6, K NMSA 1978.
[16.10.2.7 NMAC - Rp
16 NMAC 10.2.7, 4/18/2002; A, 1/20/2003; A, 10/7/2005; A, 12/30/2005; A,
7/1/2006; A, 1/10/2007; A, 10/11/2013; A, 7/12/2022]
16.10.2.9 MEDICAL
LICENSE BY EXAMINATION:
A. Prerequisites for licensure: Each applicant for a license to practice as a
physician in New Mexico must be of good moral character and must possess the
following qualifications:
(1) graduated
and received a diploma from a board approved school, completed a program
determined by the board to be substantially equivalent to a U.S. medical
school, based on [board review of an evaluation by a board approved
credential evaluation service,] Board review of a full ECFMG
certification, or the board shall, in its sole discretion, determine if the
applicant’s total educational and professional clinical experience is
substantially equivalent to that which is required for licensure in New Mexico;
and
(2) successfully
passed one of the examinations or combinations of examinations defined in
16.10.3 NMAC; and
(3) completed
two years of postgraduate training or been approved by the board in accordance
with the provisions of Subsection B of Section 61-6-11 NMSA 1978;
(4) when
the board has reason to believe that an applicant for licensure is not
competent to practice medicine it may require the applicant to complete a
special competency examination or to be evaluated for competence by other means
that have been approved by the board; and
(5) a
qualified applicant who has not been actively and continuously in practice for
more than two years prior to application may be required to successfully
complete a special examination or evaluation such as, but not limited to, the
SPEX (special purpose examination), the PLAS (post-licensure assessment system
of the federation of state medical boards), or specialty re-certification.
B. Required documentation for all applicants: Each applicant for a license must submit the
required fees as specified in 16.10.9.8 NMAC and the following documentation:
(1) a
completed signed application with a passport-quality photo taken within the
previous six months; applications are valid for one year from the date of
receipt by the board;
(2) verification
of licensure in all states or territories 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 board(s), and must attest to the status, issue date, license
number, and other information requested and contained on the form; this information will be provided by HSC or
another board-approved credentials verification service for applicants using
that service, or directly to the New Mexico medical board for applicants using
FCVS or applying directly to the board;
(3) two
recommendation forms from physicians, chiefs of staff or department chairs or
equivalent with whom the applicant has worked and who have personal knowledge
of the applicant’s character and competence to practice medicine; the recommending physicians must have
personally known the applicant and have had the opportunity to personally
observe the applicant’s ability and performance; forms must be sent directly to the board from
the recommending physician; this
information will be provided by HSC or another board-approved credentials
verification service for applicants using that service, or directly to the New
Mexico medical board for applicants using FCVS or applying directly to the
board;
(4) verification
of all work experience and hospital affiliations in the last two years, if
applicable, not to include postgraduate training; this information will be
provided by HSC or another board-approved credentials verification service for
applicants using that service, or directly to the New Mexico medical board for
applicants using FCVS or applying directly to the board;
(5) a
copy of all American board of medical specialties (ABMS) specialty board
certifications, or American osteopathic association bureau of osteopathic
specialists (AOA-BOS) if applicable; this information will be provided by HSC
or another board-approved credentials verification service for applicants using
that service, or directly to the New Mexico medical board for applicants using
FCVS or applying directly to the board; and
(6) the
board may request that applicants be investigated by the biographical section
of the American medical association (AMA), the drug enforcement administration
(DEA), the federation of state medical boards (FSMB), the national practitioner
data bank, and other sources as may be deemed appropriate by the board;
(7) applicants
who are not United States citizens must provide proof that they are in compliance with the immigration laws of the United
States.
C. Additional documentation for applicants using
the FCVS: Applicants are encouraged
to use the FCVS as once a credential file is created future applications for
medical licensure will be streamlined.
However, application through FCVS is not required. Applicants using the FCVS must submit a
completed application to the FCVS, who will provide primary source
documentation to the board. Only the
documents required in Subsection B of 16.10.2.9 NMAC are required in addition
to the FCVS report.
D. Additional documentation for applicants
using HSC or another board-approved credentials verification service:
(1) status
report of educational commission for foreign medical graduates (ECFMG)
certification sent directly to the board from ECFMG, if applicable;
(2) copy
of ECFMG interim letter documenting additional postgraduate training for
international medical graduates applying through the fifth pathway process, if applicable;
(3) certified
transcripts of exam scores as required in 16.10.3 NMAC sent directly to the board
from the testing agency;
(4) proof
of identity may be required; acceptable documents include birth certificate,
passport, naturalization documents, and visas.
E. Additional documentation for applicants
applying directly to New Mexico and not using FCVS or HSC or another
board-approved credentials verification service:
(1) verification
of medical education form with school seal or notarized, sent directly to the
board from the school;
(2) transcripts
sent directly to the board from the medical school;
(3) status
report of ECFMG certification sent directly to the board from ECFMG, if applicable;
(4) copy
of ECFMG interim letter documenting additional postgraduate training for
international medical graduates applying through the fifth pathway process, if applicable;
(5) postgraduate
training form sent to the board directly from the training program;
(6) certified
transcripts of exam scores as required in 16.10.3 NMAC sent directly to the
board from the testing agency; and
(7) proof
of identity may be required; acceptable documents include birth certificate,
passport, naturalization documents, and visas;
(8) certified
copies of source documents obtained directly from another state licensing
jurisdiction who has the original document on file will be accepted in lieu of
original documents when the originals cannot be obtained for a valid cause.
F. Licensure process: Upon receipt of a completed application,
including all required documentation and fees, 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. The initial
license will be issued following completion of any required interview, or
approval by a member or agent of the board.
G. Initial license expiration: Medical licenses shall be renewed on July 1
following the date of issue. Initial
licenses are valid for a period of not more than thirteen months or less than
one month. If New Mexico is the first
state of licensure, initial licenses are valid for a period of not less than 24
months or more than 35 months and shall be renewed on July 1.
[16.10.2.9 NMAC - N,
5/1/2002; A, 1/20/2003; A, 7/1/2003; A, 4/3/2005; A, 10/7/2005; A, 7/1/2006; A,
1/10/2007; A, 1/3/2008; A, 10/11/2013; A, 01/15/2014; A, 7/12/2022]
16.10.2.12 POSTGRADUATE
TRAINING LICENSE: A postgraduate training license is required
for all interns, residents, and fellows enrolled in board approved training
programs within the state. Individuals
enrolled in board approved training programs outside of New Mexico may apply
for a postgraduate training license as a pre-requisite to obtaining a New
Mexico public service license.
A. Prerequisites for licensure: Each applicant for a postgraduate training
license must possess the following qualifications:
(1) graduated
from a board approved school or completed a program determined by the board to
be substantially equivalent to a U.S. medical school or college of osteopathic
medicine [based on board review of an evaluation by a board approved
credential evaluation service];
(2) passed
part I of the United States medical licensing examination (USMLE) or COMLEX;
and
(3) be
of good moral character.
B. Required
documentation: Each applicant shall
submit the required fee as specified in 16.10.9.8 NMAC and complete the
board-approved application.
(1) Applicants
enrolled at the university of New Mexico health science center must submit an application through the office of graduate medical
education for review before it is forwarded to the board for review and
approval.
(2) Applicants
enrolled at a board approved training program outside New Mexico must submit
the postgraduate training license application directly to the board.
(3) A
copy of the official examination results must be attached to each application.
C. Licensure process: Upon receipt of a completed signed
application and fee, a member or agent of the board will review the application
and may approve the license. 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.
D. License expiration: Postgraduate training licenses are valid for
no longer than one year, but may be renewed for a
period not to exceed eight years or completion of the residency, whichever is
shorter, and as long as the license holder is enrolled in a board approved
training program. Postgraduate training
licenses may be renewed prior to expiration.
[16.10.2.12 NMAC - Rp, 16 NMAC 10.2.14, 4/18/2002; 16.10.2.12 NMAC - Rn,
16.10.2.11 NMAC, 1/20/2003; A, 10/7/2005;
A, 7/1/2006; A, 1/3/2008; A, 10/11/2013; A, 7/12/2022]
16.10.2.13 PUBLIC
SERVICE LICENSE: A resident physician may apply
for a public service license, which enables him to practice medicine outside
the training program. The resident
physician must be continuing in the board approved training program.
A. Prerequisites for licensure: Each applicant for a public service license
shall have graduated from [an approved medical school,] a board
approved school, passed all required examinations as defined in 16.10.3
NMAC, and completed one year of postgraduate training. In addition, the applicant shall have
completed an application for licensure including all required documentation
required in Subsection B through Subsection E of 16.10.2.9 NMAC as
applicable. Other requirements include:
(1) written approval from his training
program director;
(2) a postgraduate training license
issued by the New Mexico medical board;
(3) a resident physician with one year postdoctoral training may only apply for a public
service license when he is under the direct supervision of a New Mexico
physician or when employed in a medically underserved area;
(4) if a physician is not being
supervised directly, there must be procedures in place for a licensed New
Mexico physician to review, on at least a quarterly basis, prescriptions
written and dispensed for controlled substances and operative procedures
performed.
B. Required documentation: Each applicant for a public service license
shall submit the required fee as specified in 16.10.9.8 NMAC and the following
documentation:
(1) a completed signed application, with
a passport quality photo taken within the previous six months; applications are valid for one year from
the date of receipt;
(2) letter of approval from the training
program director.
C. Licensure process: Upon receipt of a completed application,
including all required documentation and fees, 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. The initial
license will be issued following completion of any required interview, or
approval by a member or agent of the board.
D. License expiration: Public service licenses shall be renewed
annually on September 1 as long as the applicant
remains eligible.
[16.10.2.13 NMAC - Rp, 16 NMAC 10.3.9, 4/18/2002; 16.10.2.13 NMAC - Rn
& A, 16.10.2.12 NMAC, 1/20/2003; A, 7/1/2003; A, 4/3/2005; A, 7/1/2006; A, 10/11/2013; A, 7/12/2022]
16.10.2.14 TEMPORARY
TEACHING, RESEARCH, AND SPECIALIZED DIAGNOSTIC AND TREATMENT LICENSES: The [secretary-treasurer
or board designee] board may issue a temporary license to physicians
licensed in other states or jurisdictions for the purpose of teaching,
conducting research, performing specialized diagnostic and treatment
procedures, implementing new technology, or for physician educational purposes
in New Mexico on a temporary basis under the supervision of a New Mexico
licensed physician. 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.
B. Required documentation:
(1) specific
program or protocol of work planned;
(2) address
of sponsoring institution or organization where the work will be performed;
(3) an
affidavit from the sponsoring physician attesting to the qualifications of the
applicant and the purpose of the functions or medical procedures the applicant
will perform;
(4) verification
of licensure in state or jurisdiction where physician is practicing; and
(5) a
license fee as set forth in 16.10.9 NMAC.
C. Licensure process: Upon receipt of a completed signed
application, including all required documentation and fees, board staff will
request and review an AMA physician profile and FSMB board action databank search.
When the application is complete, a member or agent of the board will
review and may approve the application.
A personal interview is not required unless there is a discrepancy in
the application that cannot be resolved or if there are any actions or
restrictions on any license held in another state or jurisdiction.
D. The applicant
may perform only those functions listed in the application. The supervising physician must notify the
board and obtain approval prior to any change in the activities of the
temporary license holder.
E. The duration of
a temporary teaching, research, or specialized diagnostic and treatment license
shall not exceed three months, provided however that the license may be renewed
up to three times upon payment of appropriate fees and written justification
for the plan remaining in effect. After
the third renewal of a temporary license the physician shall re-apply under the
provisions of this rule.
[16.10.2.14 NMAC - Rp, 16 NMAC 10.3.8, 4/18/2002; 16.10.2.14 NMAC - Rn,
16.10.2.13 NMAC, 1/20/2003; A, 10/7/2005; A, 7/1/2006; A, 1/3/2008; A,
10/11/2013; A, 7/12/2022]
16.10.2.15 YOUTH
CAMP OR SCHOOL LICENSES: The
[secretary-treasurer or board designee] board may approve a
temporary license for physicians to provide temporary medical services to
organized youth camps or schools. Youth
camp or school licenses are issued for a period not to exceed three months. Practice under the temporary license shall be
limited to enrollees, leaders and employees of the camp or school. Applicants must be qualified for licensure in
New Mexico and shall submit the following documentation:
A. completed signed
application with a passport-quality photograph, taken within the previous six
months, attached;
B. verification of
current unrestricted license from state or jurisdiction where applicant is
currently practicing or licensed;
C. verification of
DEA permit; and,
D. a temporary
license fee as set forth in 16.10.9.8 NMAC.
E. Licensure process: Upon receipt of a completed application,
including all required documentation and fees, board staff will request and
review an AMA physician profile and FSMB
board action databank search.
When the application is complete, a member or agent of the board will
review and may approve the application.
A personal interview is not required unless there is a discrepancy in
the application that cannot be resolved or if there are any actions or
restrictions on any license held in another state or jurisdiction.
[16.10.2.15 NMAC - Rn, 16.10.2.14 NMAC, 1/20/2003; A, 10/7/2005; A, 7/1/2006; A, 1/3/2008; A,
10/11/2013; A, 7/12/2022]
16.10.2.18 TEMPORARY LICENSURE EXEMPTION FOR
OUT OF STATE SPORTS TEAM PHYSICIAN:
A. Physician
who is licensed in good standing to practice medicine in another state, and who
has never been disciplined by the New Mexico medical board, may practice
medicine without a license provided that:
(1) the physician has a written agreement
with the out-of-state sports team governing body to provide health care
services to an out-of-state sports team athlete or staff member at a scheduled
sporting event;
(2) the physician’s practice is limited
to medical care to assist injured and ill players and staff and coordinate
appropriate referral to in-state health care providers as needed;
(3) the
healthcare services to be provided by the physician are within the scope of
practice authorized pursuant to the medical practice act and rules of the board;
(4) the
physician has professional liability coverage for the duration of the sporting
event.
B. Licensure
exemption registration. Physician
registrants shall submit the following documentation to the board:
(1) copy of the agreement with the
out-of-state sports team governing body to provide health care services to an
out-of-state sports team athlete or staff member at a scheduled sporting event;
(2) proof of professional liability
coverage for the duration of the sporting event; and
(3) a signed affidavit that the physician
will limit their medical practice in New Mexico to care and assist injured or
ill out-of-state team athletes or staff, and
(4) coordinate appropriate referral to
in-state health care providers.
C. The physician will further attest
that they will not provide care or consultation to a resident of New Mexico and
will not practice medicine in New Mexico, outside of the sporting event.
[16.10.2.18 NMAC -
N, 7/12/2022]
[16.10.2.18] 16.10.2.19 NATIONWIDE CRIMINAL HISTORY SCREENING: All
applicants for initial licensure in any category in New Mexico are subject to a
state and national criminal history screening at their expense. All applicants must submit two full sets of
fingerprints, completed fingerprint certificate form, signed authorization for
criminal background screening and fee at the time of application.
A. Applications
for licensure will not be processed without submission of fingerprints,
completed fingerprint certificate form, signed authorization for criminal
background screening and fee.
B. Applications
will be processed pending the completion of the nationwide criminal background
screening and may be granted while the screening is still pending.
C. If
the criminal background screening reveals a felony or a violation of the
Medical Practice Act, the applicant/licensee will be notified to submit copies
of legal documents and other related information to the board which will make
the determination if the applicant is eligible for licensure or if disciplinary
action will be taken.
[16.10.2.19 NMAC - Rn & A, 16.10.2.17 NMAC, 10/11/2013; Rn & A 16.10.2.18 NMAC, 7/12/2022]
[16.10.2.19] 16.10.2.20 CRIMINAL CONVICTIONS: Convictions for any of the following felony
offenses, or their equivalents in any other jurisdiction, are disqualifying
criminal convictions that may disqualify an applicant from receiving or
retaining a license or certificate issued by the board:
A. homicide;
B. aggravated assault, aggravated
battery, kidnapping, false imprisonment, human trafficking, stalking, or other
crimes of violence against persons;
C. robbery, larceny, burglary,
extortion, receiving stolen property, possession of burglary tools, unlawful
taking of a motor vehicle, or other crimes involving theft or appropriation of
personal property or funds;
D. rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, child solicitation, or
other crimes constituting sexual offenses;
E. crimes against children; crimes
involving child abuse or neglect; child sexual exploitation, child pornography;
F. driving under the influence of
intoxicating liquor or drugs;
G. trafficking controlled substances;
H. fraud, forgery, money laundering, embezzlement,
credit card fraud, counterfeiting, financial exploitation, or other crimes of
altering any instrument affecting the rights or obligations of another;
I. making a false statement under oath
or in any official document;
J. evasion of a lawful debt or
obligation, including but not limited to tax obligations; or
K. an attempt, solicitation or
conspiracy involving any of the felonies in this subsection.
[16.10.2.20 NMAC -
N, 7/12/2022; Rn & A 16.10.2.19 NMAC, 7/12/2022]