TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 10 MEDICINE AND SURGERY PRACTITIONERS
PART 2 PHYSICIANS: LICENSURE REQUIREMENTS
16.10.2.1 ISSUING
AGENCY: New Mexico Medical Board,
hereafter called the board.
[16.10.2.1 NMAC - Rp/E, 16 10.2.1 NMAC 7/7/2023]
16.10.2.2 SCOPE: This part applies to all physicians applying
for licensure in New Mexico.
[16.10.2.2 NMAC -
Rp/E, 16 10.2.2 NMAC 7/7/2023]
16.10.2.3 STATUTORY
AUTHORITY: This part governs the licensing
of physicians in New Mexico and is promulgated pursuant to and in accordance
with the Medical Practice Act, Sections 61-6-11, 61-6-11.1, 61-6-12, 61-6-13,
61-6-14, 61-6-15, 61-6-18, 61-6-18.1, and 61-6-19 NMSA 1978.
[16.10.2.3 NMAC - Rp/E, 16 10.2.3 NMAC 7/7/2023]
16.10.2.4 DURATION: Permanent.
[16.10.2.4 NMAC -
Rp/E, 16 10.2.4 NMAC 7/7/2023]
16.10.2.5 EFFECTIVE
DATE: July 7, 2023, unless a later date
is cited at the end of a section.
[16.10.2.5 NMAC -
Rp/E, 16 10.2.5 NMAC 7/7/2023]
16.10.2.6 OBJECTIVE: This part establishes requirements and
procedures for licensure as a physician in New Mexico.
[16.10.2.6 NMAC -
Rp/E, 16 10.2.6 NMAC 7/7/2023]
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. “ABMS” means the American
board of medical specialties.
C. “AOA” means the American
osteopathic association.
D. “AOA-BOS” means the American
osteopathic association bureau of osteopathic specialists.
E. “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 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.
F. “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.
G. “Board approved credential verification
service” means a credential verification service certified by the national
commission on quality assurance (NCQA) and approved by the board.
H. “Complete application” means an application for
licensure that includes all required documentation in 16.10.2 NMAC and subject
to the provisions of Section 61-6-11 NMSA 1978 and Section 61-1-3.5 NMSA 1978.
I. “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.
J. “ECFMG” means educational commission for foreign
medical students.
K. “FCVS”
means the federation credential verification service of the federation of state
medical boards.
L. “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.
M. “HSC” means the
hospital services corporation, a New Mexico corporation, and a credential
verification organization certified by the national commission on quality
assurance (NCQA).
N. “License renewal” means the renewal of an active
license with the required documentation and the submission by the licensee to a
state and national background check, as determined by the board.
O. “Major disaster” means a declaration of
a major disaster by the federal emergency management agency (FEMA).
P. “Military service member” means a
person who is:
(1) serving in the armed forces of the
United States as an active duty member, or in an active reserve component of
the armed forces of the United States, including the national guard;
(2) the spouse of a person who is serving
in the armed forces of the United States or in an active reserve component of
the armed forces of the United States, including the national guard, or a
surviving spouse of a member who at the time of the member’s death was serving
on active duty; or
(3) the child of a military service
member if the child is also a dependent of that person for federal income tax
purposes.
Q. “Nationwide criminal
history record” information concerning a person’s arrests, indictments, or
other formal criminal charges and any dispositions arising therefrom, 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.
R. “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.
S. “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.
T. “Physician” means allopathic doctor (MD) or doctor of
osteopathy (DO).
U. “Qualified applicant” means an applicant for
licensure who satisfies the requirements and standards for licensure
established by the board.
V. “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.
W. “Telemedicine” means the practice of
medicine across state lines as defined in the Medical Practice Act, Subsection
K of Section 61-6-6 NMSA 1978.
X. “Veteran” means a person who received an honorable
discharge or separation from military service.
[16.10.2.7 NMAC -
Rp/E, 16 10.2.7 NMAC 7/7/2023; A, 3/12/2024]
16.10.2.8 CATEGORIES
OF ACTIVE LICENSES: Individuals
holding one of the following categories of medical license are eligible to
practice medicine and surgery in New Mexico.
A. Expedited license: a one-year
provisional license that confers the same rights, privileges and
responsibilities as a medical license issued by the board as defined in Section
61-6-13 NMSA.
B. Medical: An unrestricted license to practice medicine
and surgery.
C. Telemedicine: A limited medical license that allows a
physician located outside New Mexico to practice medicine on patients located
in New Mexico.
D. Post-graduate: A limited training license issued by the
board to physicians who are enrolled in a board approved training program.
E. Public service: A limited license issued by the board to
physicians in training who have successfully completed one year of
post-graduate training.
F. Temporary: A limited license that allows a physician to
practice medicine for a limited time after meeting certain specific conditions.
G. Federal emergency: An unrestricted license to practice medicine
and surgery issued without receipt of all documentation required for a medical
license because of a major disaster.
[16.10.2.8 NMAC -
Rp/E, 16 10.2.8 NMAC 7/7/2023 A, 3/12/2024]
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 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 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 physicians, chiefs of staff, department chairs, or equivalent.
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;
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;
(7) proof
of identity may be required; acceptable documents include birth certificate,
passport, naturalization documents, and visas; and
(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 -
Rp/E, 16 10.2.9 NMAC 7/7/2023 A, 3/12/2024]
16.10.2.10 EXPEDITED
LICENSURE:
A. Prerequisites for expedited licensure: Each applicant for a license to practice as a
physician in New Mexico must be of good moral character, hold a full and
unrestricted license to practice medicine in another state, and possess the
following qualifications:
(1) have
practiced medicine in the United States or Canada immediately preceding the
application for at least three years;
(2) be
free of disciplinary history, license restrictions, or pending investigations
in all jurisdictions where a medical license is or has been held;
(3) graduated
from a board approved school or hold current ECFMG certification; and
(4) current
certification from a medical specialty board recognized by the ABMS or the
AOA-BOS.
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 that has been verified as including all required
documentation 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 attest to the status, issue date, license number, and other information
requested and contained on the form;
(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 physician(s) 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(s), chief(s) of staff, department chair(s) or
equivalent(s). 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;
(4) verification
of all work experience and hospital affiliations in the last three years; if
more than one work experience and hospital affiliation, provide at least three
verifications of all work and hospital affiliations during the past three
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;
(5) a
copy of all ABMS or AOA-BOS specialty board certifications, 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; and
(6) the
board may request that applicants be investigated by the biographical section
of the AMA, the DEA, the FSMB, the NPDB, and other sources as may be deemed
appropriate by the board. The board
shall require fingerprints and, in its discretion, a state and national
background check.
D. Expedited license expiration: Expedited licenses shall be valid for no
more than 12 months from the date of issuance.
E. Procedure for incomplete application. If an incomplete application for an
expedited license is
received, the board
shall notify the applicant in writing within 30 days from the date the
incomplete application was received by the board. The written notification shall include how
the application is incomplete and what is needed to complete the application;
this written notification shall be titled “notice to cure.” After receipt of the notice to cure, the
applicant must submit a completed application within 30 days of the receipt of
the notice to cure. An extension may be
granted, at the board’s discretion and based on good cause, for submission
beyond 30 days after receipt of the notice to cure.
[16.10.2.10 NMAC -
Rp/E, 16 10.2.10 NMAC 7/7/2023 A, 3/12/2024]
16.10.2.11 TELEMEDICINE
LICENSE:
A. Prerequisites for licensure: Each applicant for a telemedicine license
must be of good moral character and hold a full and unrestricted license to
practice medicine in another state or territory of the United States.
B. Required documentation: Each applicant for a telemedicine license
must submit the required fees as specified in 16.10.9.8 NMAC and the documentation
required by 16.10.2.10 NMAC for an expedited license. An applicant for a telemedicine license shall
be subject to the same provisions as an applicant seeking an expedited license.
(1) A completed signed application, with
a passport quality photo taken within six months. Applications are valid for one year from the
date of receipt.
(2) Verification of licensure in all
states where the applicant holds or has held a license to practice medicine, or
other health care profession.
Verification must be received directly from the other state(s) board, and
must attest to the status, issue date, license number, and other information
requested and contained on the form.
(3) Applicants who have had previous
disciplinary or other action against them may be required to meet with the
entire board. The board may, in its
discretion, issue a license to practice medicine across state lines if it finds
that the previous disciplinary or other action does not indicate that the
physician is a potential threat to the public.
C. 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.
D. Initial license expiration: Telemedicine 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.
E. Exemption from licensure
requirements are defined in Section 61-6-17 NMSA of the Medical Practice Act and
include 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 not to exceed ten patients per year.
[16.10.2.11 NMAC -
Rp/E, 16 10.2.11 NMAC 7/7/2023]
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;
(2) passed
part I of the United States medical licensing examination (USMLE) or the
comprehensive osteopathic medical licensing examination (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/E, 16 10.2.12 NMAC 7/7/2023]
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 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; and
(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/E, 16 10.2.13 NMAC 7/7/2023]
16.10.2.14 TEMPORARY
TEACHING, RESEARCH, AND SPECIALIZED DIAGNOSTIC AND TREATMENT LICENSES: The
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.
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/E, 16 10.2.14 NMAC 7/7/2023]
16.10.2.15 YOUTH
CAMP OR SCHOOL LICENSES: The
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. a completed
signed application with a passport-quality photograph, taken within the
previous six months, attached;
B. a verification
of current unrestricted license from state or jurisdiction where applicant is
currently practicing or licensed;
C. a 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 -
Rp/E, 16 10.2.15 NMAC 7/7/2023]
16.10.2.16 PROVISIONS FOR PHYSICIAN LICENSURE
DURING A DECLARED DISASTER: The
board will make accommodations for physicians who have been impacted by a major
disaster. Based on the nature of the
disaster, the extent of the damage, and the number of individuals and
institutions that have been affected, the board may waive documentation
requirements for any new or pending applications when the disaster delays or
prohibits the procuring of the required documents. The board may also waive any required fees
for applications submitted after the major disaster. The board will determine the length of time
the emergency provisions will be in effect for each major disaster that results
in applications for a federal emergency license.
A. Federal emergency license by examination:
Physicians currently licensed in a state in which a major disaster has
been declared may be issued a federal emergency license in New Mexico. The board may waive specific documentation
required in Subsection B through E of 16.10.2.9 NMAC if the applicant is unable
to obtain the documentation from individuals or institutions located in the
disaster area. Nothing in this provision
shall constitute a waiver of the requirements for licensure contained in
Subsection A of 16.10.2.9 NMAC.
B. Federal emergency license by endorsement:
Physicians currently licensed in a state in which a major disaster has
been issued a federal emergency license in New Mexico. The board may waive specific requirements of
Subsection B of 16.10.2.10 NMAC if the applicant is unable to obtain the
documentation from individuals or institutions located in the disaster
area. Nothing in this provision shall
constitute a waiver of the requirements for licensure contained in Subsection A
of 16.10.2.10 NMAC. The following
requirements will apply to applicants under this provision:
(1) a completed signed application, is
required, accompanied by proof of identity, which may include a copy of a
driver’s license, passport or other photo identification issued by a
governmental entity;
(2) the
board will consider the required three years of practice experience to be met
through any combination of postgraduate medical education and actual work
experience;
(3) the
board may waive any requirements for recommendation forms or verification of
work experience forms;
(4) other
required verification will be obtained online by board staff to include:
current licensure status, national practitioners data bank (NPDB), federation
of state medical board (FSMB) disciplinary database, American medical
association or AOA records of education and postgraduate training, and the
records of the American board of medical specialties or AOA-BOS to confirm
board certification status.
C. License expiration: Initial federal emergency licenses shall be
valid for not less than three months or more than fifteen months. Licenses shall be
renewed on July 1 following the date of issue, pursuant to 16.10.7 NMAC. The board reserves the right to request
additional documentation, including but not limited to recommendation forms and
work experience verification forms prior to approving license renewal. At the time a federal emergency license is
approved for renewal, it will be transferred to a full medical license.
[16.10.2.16 NMAC -
Rp/E, 16 10.2.16 NMAC 7/7/2023]
16.10.2.17 EXPEDITED MEDICAL LICENSURE FOR
MILITARY AND SPOUSES LICENSED IN ANOTHER JURISDICTION: If a military service member, the spouse of a
military service member, or a recent veteran submits an
application for a medical license and is a qualified applicant pursuant
to this part, the board shall expedite the processing of such application and
issue the appropriate license as soon as practicable. Any qualified applicant seeking expedited
consideration pursuant to this section shall submit a copy of form DD214 with
their application.
[16.10.2.17 NMAC -
Rp/E, 16 10.2.17 NMAC 7/7/2023]
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; and
(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;
(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 -
Rp/E, 16 10.2.18 NMAC 7/7/2023]
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 -
Rp/E, 16 10.2.19 NMAC 7/7/2023]
16.10.2.20 CRIMINAL
ARRESTS AND CONVICTIONS:
A. Arrests: The Board shall not exclude from licensure a
person who is otherwise qualified on the sole basis that the person has been previously
arrested for or convicted of a crime unless the person has a disqualifying
criminal conviction.
B. Convictions for any of the following misdemeanor
or 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:
(1) homicide;
(2) aggravated assault, aggravated
battery, kidnapping, false imprisonment, human trafficking, stalking, or other
crimes of violence against persons;
(3) 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;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, child solicitation, or
other crimes constituting sexual offenses;
(5) crimes against children; crimes
involving child abuse or neglect; child sexual exploitation, child pornography;
(6) driving under the influence of
intoxicating liquor or drugs;
(7) trafficking controlled substances;
(8) 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;
(9) making a false statement under oath
or in any official document;
(10) evasion of a lawful debt or obligation,
including but not limited to tax obligations; or
(11) an attempt, solicitation or conspiracy
involving any of the felonies in this subsection.
[16.10.2.20 NMAC -
Rp/E, 16 10.2.20 NMAC 7/7/2023]
HISTORY OF
16.10.2 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with State Records
Center and Archives under:
Rule 3, Licensure as
a Medical Practitioner, filed 10/26/1994.
Rule 3, Licensure as
a Medical Practitioner, filed 06/21/1993.
Rule 4, Temporary
Licenses, filed 12/19/1989.
NMBME Rule 88-1,
Temporary Licenses, filed 05/31/1988.
History or Repealed Material:
16 NMAC 10.2,
Licensure as a Medical Practitioner - Repealed 4/18/2002.
16 NMAC 10.3,
Interim and Temporary Licenses - Repealed 4/18/2002.
16.10.2 NMAC - Physicians:
Licensure Requirements filed 3/18/2002 emergency repealed 7/7/2023.
Other:
16.10.2 NMAC -
Physicians: Licensure Requirements filed 3/18/2002 was Replaced, via emergency
filing, by 16.10.2 NMAC - Physicians: Licensure Requirements 7/7/2023.