New Mexico Register / Volume XXXIV, Issue 9 / May 16, 2023
NOTICE OF PUBLIC
HEARING
Public
Notice. The New Mexico
Medical Board (NMMB) gives notice that it will conduct a public rule hearing on
June 21, 2023 at 4:00 p.m. (MDT). This rule hearing is 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, 16.10.5 NMAC - Disciplinary Power of the Board and 16.10.6 -
Complaint Procedure and Institution of Disciplinary Action. Physical Hearing Location is 2055 South
Pacheco Street, Bldg. 400, Santa Fe, NM
87505.
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Meeting ID: 831
4010 2469
Passcode: 947330
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Purpose.
During the 2023 Legislative Session HB384
passed and was signed by Governor Lujan Grisham on April 3, 2023. HB384 enacted new sections and revisions to
the Medical Practice Act and the Uniform Licensing Act to provide for an
expedited one-year provisional license that confers the same rights, privileges
and responsibilities as a regular license issued by the Board. Additionally, HB384 authorizes the Board to determine those
states and territories of the United States and the District of Columbia from
which it will not accept an applicant for expedited licensure and shall
determine any foreign countries from which it will accept an applicant for
expedited licensure.
HB384
also clarifies
reasons for a licensee to be heard before the board and the timeframe for
discovery by the board; authorizes issuance of specific civil investigative
subpoenas for complaints licensees, applicants, or unlicensed persons; removes
the requirement that licensees bear all costs of disciplinary proceedings
unless they are excused or prevail; unlicensed persons with no address on
record are to be personally served with any required notice; authorizes
hearings to be held by virtual remote means; removes the right of a party to be
represented by a licensed member of the person’s profession at a hearing before
the board; a complete record of hearing evidence may be made using digital
recording technology; requires a final decision and order based on the hearing
to be made and executed within 90 days after the hearing is closed and the
board must grant or refuse a request to reopen a case within 15 days after
receipt of the request. HB384 eliminates
the specified $1,000 fine for licensure violation and increases from $1,000 to
$10,000 the penalty for practicing without a license.
The
revisions and additions to the Medical Practice Act and the Uniform Licensing
Act requires promulgation of rules to implement the
provisions set forth in HB384.
The
statutory authorization. Medical Practice
Act Sections 61-6-1 through 61-6-35 NMSA 1978 and Uniform Licensing Act
Sections 61-1-1 through 61-1-34, NMSA 1978.
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 are to:
·
Define
a Complete Application;
·
Define
License Renewal;
·
Change
the definition of a “Military Service Member”;
·
Add
expedited license to Categories of Active Licenses;
·
Change
“Medical License by Endorsement” to “Expedited Licensure”;
·
Remove
the application requirement to receive proof of citizenship;
·
Add
the meaning of “continuous practice”;
·
Add
the provision that the Board has discretion to require that an applicant for an
expedited license take a competency examination;
·
Add
the procedure for an “incomplete” application;
·
Under
Criminal Arrests and Convictions include that the Board shall not exclude an
otherwise qualified applicant on the sole basis that the person has been
previously arrested or convicted of a crime unless the person has a
disqualifying criminal conviction;
16.10.5
NMAC - Disciplinary Power of the Board
As
a general summary, the proposed changes to 16.10.5 to clean up the definitions
of “license” and “Licensee”; clean up the provision for reinstatement after the
suspension of a license; add the definition of “probation” and add the
conditions of probation; change the
penalty for practicing without a license from $1,000 to $10,000; add that all
fines received by the Board be deposited into the current school fund; strike
reimbursement of costs and add limitations to the Disciplinary Power of the
Board.
16.10.6 NMAC - Complaint
Procedure and Institution of Disciplinary Action
As a general summary,
the proposed changes to 16.10.6 NMAC are to do some basic clean-up of the rule;
add acceptable correspondence methods for administrative prosecution purposes;
add the provision for peremptory challenge of hearing officer in the case of
more than one hearing under one case number; add to the definition of Ex Parte Communication; add deadlines for receipt of hearing
officers report and define the completion and closure of a hearing; add that a
record of hearing shall include all evidence proffered but not admitted and
admitted evidence; add that the record shall designate and seal those portions
of the record that are privileged, confidential or redacted at the direction of
the hearing officer, the request of a party or the request of a witness; and
add the definition of Venue of a Hearing.
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 Amanda Quintana, 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 June 20, 2023.
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.