16.25.2 NMAC

TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 25 VETERINARY MEDICINE PRACTITIONERS

PART 2 EXAMINATION AND LICENSURE - VETERINARIANS

16.25.2.1 ISSUING AGENCY: New Mexico Board of Veterinary Medicine

[16.25.2.1 NMAC - Rp, 16.25.2.1 NMAC, 01-17-2014]

16.25.2.2 SCOPE: Applies to all veterinarians licensed to practice in the state of New Mexico and individuals applying for a license to practice veterinary medicine in the state of New Mexico.

[16.25.2.2 NMAC - Rp, 16.25.2.2 NMAC, 01-17-2014]

16.25.2.3 STATUTORY AUTHORITY: Section 61-14-4; Section 61-14-5; Section 61-14-8; Section 61-14-9; Section 61-14-10; Section 61-14-12; Section 61-14-13; Section 61-14-14 and Section 61-14-15 NMSA 1978.

[16.25.2.3 NMAC - Rp, 16.25.2.3 NMAC, 01-17-2014]

16.25.2.4 DURATION: Permanent.

[16.25.2.4 NMAC - Rp, 16.25.2.4 NMAC, 01-17-2014]

16.25.2.5 EFFECTIVE DATE: 01-17-2014 unless a later date is cited at the end of a section.

[16.25.2.5 NMAC - Rp, 16.25.2.5 NMAC, 01-17-2014]

16.25.2.6 OBJECTIVE: To set out the requirements for obtaining a license to practice veterinary medicine in the state of New Mexico as defined in Subsection B of Section 61-14-2 NMSA 1978.

[16.25.2.6 NMAC - Rp, 16.25.2.6 NMAC, 01-17-2014]

16.25.2.7 DEFINITIONS: [RESERVED]

[16.25.2.7 NMAC - Rp, 16.25.2.7 NMAC, 01-17-2014]

16.25.2.8 GENERAL ELIGIBILITY FOR LICENSURE: A license to practice veterinary medicine in the state of New Mexico is granted only to an applicant who fulfills all of the requirements specified in this part. The mere filing of an application shall not entitle the applicant to a license to practice veterinary medicine. Each applicant shall have the burden of demonstrating, to the satisfaction of the board of veterinary medicine, that he:

A. has reached the age of majority as recognized by the state of New Mexico;

B. is a person of good moral character, physically and mentally fit to practice veterinary medicine;

C. is in good standing in any other state(s) in which he is, or has been, licensed to practice veterinary medicine. If the applicant has had disciplinary proceedings instituted against him which have resulted in suspension or revocation of a license on any grounds other than nonpayment of a licensee fee, or he has voluntarily surrendered a license to practice veterinary medicine, the board will review the prior action(s) on a case by case basis prior to licensure;

D. is professionally qualified for a license to practice veterinary medicine in the state of New Mexico by taking and passing the written examinations as defined in these rules, except as provided in Section 61-14-10 NMSA 1978;

E. is a graduate veterinarian as defined by Subsection B of Section 61-14-2 NMSA 1978;

F. has not had a United States drug enforcement administration (DEA) license, a state level controlled substances registration, or federal accreditation privileges through the United States department of agriculture (USDA) animal and plant health inspection service (APHIS) restricted or revoked, or surrendered such license or privilege while under investigation or in connection with any disciplinary action or pending disciplinary action. If applicant has had any of these actions taken against him, the board will review such actions on a case by case basis prior to licensure; and

G. understands with regard to any of the above provisions, the final authority to grant a license rests with the board. Determinations will be made on a case by case basis.

[16.25.2.8 NMAC - Rp, 16.25.2.8 NMAC, 01-17-2014]

16.25.2.9 REQUIREMENT THAT A PRACTICING VETERINARIAN BE LICENSED:

A. With only those exemptions specified in Section 61-14-14 NMSA 1978, a graduate veterinarian must be licensed by the board to lawfully practice veterinary medicine in New Mexico as defined in Subsection B of Section 61-14-2 NMSA 1978.

B. Only veterinarians licensed by the state of New Mexico may practice veterinary medicine in New Mexico; working under the supervision of a licensed veterinarian does not waive the requirement to hold a license.

C. The requirement for direct supervision of non-veterinarians who treat animals is described in 16.25.9.20 NMAC.

[16.25.2.9 NMAC - Rp, 16.25.2.9 NMAC, 01-17-2014]

16.25.2.10 BASIC LICENSURE REQUIREMENTS: Except as noted, an applicant for a regular license to practice veterinary medicine in New Mexico must:

A. Submit a completed, signed, and notarized application for licensure-DVM. The application must:

(1) be submitted 30 days before the applicant's selected date to take the state examination;

(2) include the application/examination fee; and

(3) have attached a color passport-type head and shoulders photograph of the applicant.

B. Take and pass with a minimum score of seventy-five percent, the New Mexico veterinary licensing examination. Exceptions for endorsement applicants are set out in 16.25.2.10 NMAC.

C. Submit all of the following documents within 12 months after passing the state examination. An applicant who fails to provide required documents within 12 months must reapply for licensure.

(1) notarized copy of the applicant's diploma from a veterinary school accredited by the American veterinary medical association (AVMA). Exception for new graduates is set out in 16.25.2.12 NMAC;

(2) official veterinary school transcript bearing the seal of the institution;

(3) verifications of licensure from any and all state(s) in which the applicant is or has been licensed to practice veterinary medicine;

(4) one personal and one professional recommendation; and

(5) the applicant's scores on the national licensing examination for veterinarians.

(a) New Mexico's national examination score requirements are set out in 16.25. 2.16 NMAC.

(b) Exceptions for endorsement applicants are set out in Subsection B of 16.25.2.11 NMAC

[16.25.2.10 NMAC - Rp, 16.25.2.10 NMAC, 01-17-2014]

16.25.2.11 LICENSURE BY ENDORSEMENT: A veterinarian who has been licensed in another state and has performed at least five years of clinical veterinary practice with at least 6,000 hours immediately preceding application for a New Mexico license, may qualify for licensure by endorsement. A qualified endorsement applicant:

A. Does not need to provide his score from the national licensing examination.

B. May take the jurisprudence examination for the standard endorsement fee at a special time, arranged through the executive director, rather than at one of the board set regularly scheduled examination times.

C. Applicant must report criminal convictions and disciplinary actions taken in all jurisdictions.

[16.25.2.11 NMAC – Rp, 16.25.2.11 NMAC, 01-17-2014; A, 07/01/18]

16.25.2.12 SENIOR STUDENTS AND NEW GRADUATES: If a senior student or new graduate's veterinary school has not yet provided the diploma by the applicant's examination date, a properly authenticated document such as a letter from the veterinary school dean evidencing graduation or impending graduation may temporarily substitute for the diploma. This provision is only for the purpose of taking the examination; the notarized diploma must be provided the soonest time it becomes available. The applicant cannot become licensed until all required documents, including the notarized copy of the diploma and the official transcript are received by the board.

[16.25.2.12 NMAC - Rp, 16.25.2.12 NMAC, 01-17-2014]

16.25.2.13 GRADUATES OF NON-AVMA ACCREDITED VETERINARY SCHOOLS: A graduate of a veterinary school not accredited by the American veterinary medical association (AVMA) must furnish certification of completion of the educational commission for foreign veterinary graduates (ECFVG) program. This certification is in addition to all other licensing requirements as specified in 16.25.2.10 NMAC. Requirements for graduates of non-AVMA accredited schools are also set out in 16.25.5 NMAC.

[16.25.2.13 NMAC - Rp, 16.25.2.13 NMAC, 01-17-2014]

16.25.2.14 60-DAY TEMPORARY PERMIT:

A. Purpose. The temporary permit, good for a period of no more than 60-calendar days, is intended for experienced, licensed veterinarians who wish to practice in New Mexico for a brief period. The temporary permit is not granted to a new graduate or experienced veterinarian who has not yet taken the state licensing examination or met all other licensing requirements.

B. To qualify for a temporary permit, an applicant must:

(1) be currently licensed in and currently practice in another state, territory, or district of the United States;

(2) be in good standing in all jurisdictions in which he is or has been licensed;

(3) submit the completed, signed, and notarized application for licensure-DVM form along with a color passport-type, head and shoulders photograph and the temporary permit fee; and

(4) provide a verification of licensure from the state where the applicant currently practices veterinary medicine and holds licensure.

C. An applicant for a temporary permit does not need to take the state examination or provide national examination scores.

D. A temporary permit may not be renewed within a 12 month period from issuance without approval from the board.

[16.25.2.14 NMAC - Rp, 16.25.2.14 NMAC, 01-17-2014]

16.25.2.15 STATE EXAMINATION:

A. The board sets the state licensing examination for veterinarians on a regularly scheduled basis twice annually at a reduced fee. Applicants who wish to obtain their licenses sooner than the board set examination dates can take the examination at the higher fee of $500. The examination is administered at the board office; arrangements for this type of examination are made with the executive director.

B. The state examination may be taken by senior year veterinary school students as well as graduate veterinarians.

C. The state examination is graded by individuals selected by the board of veterinary medicine. The minimum passing grade for the state examination is seventy-five percent.

D. Applicants will be notified by mail within two weeks after the examination of the results. Grades will be provided to applicants upon request.

E. An applicant who fails the examination can review the examination and his answer sheet at the board office 20 days from receipt of notification of examination results. Prior arrangement will be made with the executive director to designate a time for the review. Only the applicant and a member of the board or executive director may be present. Copying or removing examination questions or answers will result in license denial.

F. An applicant who has failed the state examination must retake it within 30 days. Applicant must pay an additional examination fee of $500 to retake the examination.

G. Limitations. Once the application/examination fee has been submitted to the board it cannot be refunded. The state examination must be taken within one year from date of application submittal.

(1) If an applicant has applied to take the examination on a board set date and is unable to do so, the examination may be rescheduled on one of the subsequent board set dates within one year without reapplication or the payment of an additional fee.

(2) If an applicant has applied to take the examination on a specific date and is unable to do so, the examination may be rescheduled within one year without reapplication or payment of an additional fee.

[16.25.2.15 NMAC - Rp, 16.25.2.16 NMAC, 01-17-2014]

16.25.2.16 NATIONAL EXAMINATION SCORES: The board accepts, as sufficient to meet state requirements, the minimum passing grade for the national examination for veterinarians. This applies whether the applicant has taken the national board examination (NBE) or the North American veterinary licensing examination (NAVLE). In accordance with the national board of veterinary medical examiners (NBVME), candidates shall not be approved to take the North American veterinary licensing examination (NAVLE) more than five times and shall not be allowed to sit for the examination at a date that is later than five years after the initial attempt. Each of the final two attempts must be at least one year from the previous attempt.

[16.25.2.16 NMAC - Rp, 16.25.2.17 NMAC, 01-17-2014; A, 05-08-2016]

16.25.2.17 LICENSE RENEWAL:

A. A veterinarian's license expires and is due for renewal each year on the last day of his birth month.

B. A license is lapsed if the license renewal is not postal postmarked on or before the expiration date. Practicing veterinary medicine with a lapsed license is the same as practicing without a license. Anyone practicing veterinary medicine in New Mexico on a lapsed license is subject to penalties and disciplinary action as provided in Section 61-14-18 NMSA 1978.

C. Licensee shall display at the business location in full view of the public, his original license certificate signed by the board and the current year renewal license. If licensee is providing veterinary services in a relief capacity, current year license renewal must be easily accessible.

[16.25.2.17 NMAC - Rp, 16.25.2.18 NMAC, 01-17-2014]

16.25.2.18 LICENSE REINSTATEMENT: The board has no additional policies beyond what is stated in Section 61-14-12 NMSA 1978.

[16.25.2.18 NMAC - Rp, 16.25.2.19 NMAC, 01-17-2014]

16.25.2.19 EXAMINATION AND LICENSURE FEES: The list of all fees relating to examination, licensure and permit fees is as follows and is posted at the board’s web site: www.nmbvm.org.

A. State jurisprudence examination.

(1) bi-annual board set dates, January and May - $300;

(2) applicant selected date - $500; and

(3) licensure by endorsement - $500.

B. License and permit fees.

(1) initial license fee is prorated from date of license issue to last day of licensee’s birth month;

(2) annual DVM license renewal - $200;

(3) 60-day temporary permit - $250;

(4) inactive status - $100. Annual continuing education requirement must be fulfilled and reported; and

(5) license reactivation - $150 along with completed application for reactivation and verification of required annual 15 continuing education hours while license in inactive status.

C. Late renewal penalties.

(1) postal postmarked no later than 30 days past expiration date - $100; or

(2) postal postmarked more than 30 days after expiration date - $100 plus $10 per day not to exceed $3000.

D. The board may waive payment of a renewal fee and annual continuing education requirement of a licensee while on active duty with the armed services of the United States. Renewal fee and continuing education requirement will be waived for the duration of licensee’s overseas deployment or a declared national emergency. Requests for waivers will be addressed to the executive director of the board of veterinary medicine.

[16.25.2.19 NMAC - Rp, 16.25.2.20 NMAC, 01-17-2014; A, 05-08-2016]

16.25.2.20 ADDRESS CHANGE NOTIFICATION: Throughout his period of licensure, every licensee must notify the board in writing within 30 days of a change of address. Notice of change of address-DVM, RVT form is available at the board’s web site: www.nmbvm.org.

[16.25.2.20 NMAC - Rp, 16.25.2.21 NMAC, 01-17-2014]

HISTORY OF 16.25.2 NMAC:

Pre-NMAC History:

BVE 75-1, Rules Governing the Examination and Licensing of Veterinarians, 12-5-75.

BVE 79-1, Rules Governing the Examination and Licensing of Veterinarians, 9-21-79.

BVE 88-1, Rules Governing the Examination and Licensing of Veterinarians, 10-14-88.

BVE 92-1, Rules Governing the Examination and Licensing of Veterinarians, 5-22-92.

BVE 93-1, Rules Governing the Examination and Licensing of Veterinarians, 6-3-93.

History of Repealed Material:

16 NMAC 25.2, Examination and Licensure - Repealed effective 7-25-01.

16.25.2 NMAC Examination and Licensure - Repealed effective 01-17-14.