New Mexico Administrative Code

New Mexico Medical Board, hereafter called the board.

The board will accept any of the following as fulfillment of CME requirements: A. the physician's recognition award of the AMA PRA Category 1 CreditT; B. certificate of CME issued by any board or sub-board of the ABMS, or C. certification or re-certification by an ABMS approved s…

The following courses and activities are acceptable for CME credit: A. AMA PRA Category 1 CreditT Clinical courses, lectures or grand rounds certified by an accredited sponsor of the AMA physician's recognition award, AMA PRA Category 1 CreditT are acceptable for credit whether t…

A. Each physician renewing a license shall attest that they have obtained the required hours of CME. The board shall select renewal applications for audit to verify completion of acceptable CME. The board may audit CME records at any time. CME records must be maintained by the li…

A. Photocopies of original certificates or official letters from course sponsors or online providers. B. Postgraduate CME hours must be documented and attested either by the dean of the medical school, the chief of service, the course director, or an equivalent authority. C. Adva…

A physician unable to fulfill the CME requirements prior to the date of license expiration may apply to the board for an emergency deferral of the requirements by submitting a request in writing no later than July 1 of the renewal year. A designee of the board may grant a deferra…

This part applies to physicians licensed by the board.

This part governs the practice of medicine in New Mexico and is promulgated pursuant to and in accordance with the Medical Practice Act, Section 61-6-21 NMSA 1978.

Permanent

April 18, 2002, unless a later date is cited at the end of a section.

This part establishes continuing education requirements for license renewal.

A. "AACOM" means American association of colleges of osteopathic medicine. B. "AAFP" means American academy of family physicians. C. "AAPS" means American association of physician specialists. D. "ACCME" means accreditation council for continuing medical education. E. "AMA" means…

A. Seventy-five hours of continuing medical education are required for all medical licenses during each triennial renewal cycle. CME may be earned at any time during the licensing period, July 1 through June 30 immediately preceding the triennial renewal date. B. One hour of requ…

The board accepts one credit hour for every clock hour of participation in a CME activity.

New Mexico Medical Board, hereafter called the board.

A. Action prior to suspension: Except as provided in the Impaired Health Care Provider Act, or in a disciplinary order entered after a hearing, or pursuant to Subsection C of 16.10.5.15 NMAC below, prior to suspending any license, the board shall give the licensee written notice …

A. General: Probation means to allow, for a stated period of time, the conduct authorized by a license, subject to a licensee's license conditions or other restrictions that are reasonably related to the grounds for such restrictions. The board may stay any disciplinary action ta…

The board may issue a letter of censure or reprimand to a licensee for any minor violation of the Medical Practice Act pursuant to Section 61-1-3 of the Uniform Licensing Act.

A. The board may impose a fine on a licensee for each violation of the Medical Practice Act after giving the licensee written notice and an opportunity to request a hearing pursuant to the Uniform Licensing Act. If the licensee's action constitutes more than one violation of the …

A. Power to enter into stipulations: The board may come to an agreement and enter into a stipulation with a licensee at any time. In a stipulation, the parties may agree to any disciplinary or other action that the board is authorized to take by law. B. Contents: The stipulation …

This is a formal preliminary disciplinary action that summarily suspends a licensee's right to practice. The summary suspension remains in effect until a further order of the board is entered. The licensee has an opportunity for a full hearing before the board on the summary susp…

A. Limitations on actions are governed by Section 61-6-24 NMSA 1978. B. For purposes of Subsection 1 of Section 61-1-3 NMSA 1978, discovery of the conduct by the board is considered the date on which a complaint or other information that would reasonably connect the allegations t…

This part applies to licensees and applicants for licensure.

This part is promulgated pursuant to and in accordance with the Medical Practice Act, Sections 61-6-1 through 61-6-35 NMSA 1978, the Uniform Licensing Act, Section 61-1-1 through 61-1-33 NMSA 1978, the Impaired Health Care Provider Act, Section 61-7-1 through 61-7-12 NMSA 1978, t…

Permanent.

December 05, 2023, unless a later date at the end of a section.

This part establishes procedures for license denial, revocation of license, suspension of license, probation, censure and reprimand, fines, costs and stipulations.

A. "License" means a document granting legal permission to any practitioner licensed pursuant to the medical practice act, to practice in the state of New Mexico. B. "Licensee" means any practitioner governed by the medical practice act, who has been granted permission to practic…

Pursuant to Sections 61-6-5, 61-6-8, 61-6-15 and 61-7-8 NMSA, 1978, the board has the power to suspend or revoke a license, place a licensee on probation under such terms and conditions as the board deems necessary after a hearing or pursuant to a stipulation with a licensee. Fur…

A. Action prior to revocation: Prior to revoking any license for any violation of the Medical Practice Act, or the Impaired Health Care Provider Act, the board shall give the licensee written notice and an opportunity to request a hearing pursuant to the Uniform Licensing Act. B.…

New Mexico Medical Board, hereafter called the board.

The chair of the board shall appoint at least one member of the board to serve on each complaint committee. A complaint committee shall review each complaint charging a physician, physician assistant, anesthesiologist assistant, genetic counselor, or polysomnographic technologist…

If the complaint committee determines that it will not impede an investigation and will not interfere with the procurement of testimony or development of the case, the complaint committee may inform the practitioner licensed by the board about whom the complaint is made, of the n…

Pursuant to Sections 61-6-23 and 61-1-9 NMSA 1978 the board may issue investigative subpoenas. Investigative subpoenas may be signed by the executive director of the board at the request of the chair or complaint committee. Failure to comply with a subpoena may result in the init…

Pursuant to a complaint or on its own motion, the board may serve upon an applicant or licensee a notice of contemplated action for any alleged violation of the Medical Practice Act or the Impaired Health Care Provider Act. All notices of contemplated action shall comply with the…

A. If an applicant or licensee requests a hearing after receiving a notice of contemplated action, all proceedings, including the hearing before the board, shall be governed by the Uniform Licensing Act. B. The parties may agree to conduct any hearing by virtual remote means and …

Once the board serves a notice of contemplated action, an administrative prosecutor shall prepare the case for prosecution before the board. The board as a whole shall not participate in the development of the case after it serves a notice of contemplated action.

A. Excusal of a board member or hearing officer initiated by a party: Excusal of a board member or hearing officer shall be in accordance with Section 61-1-7 NMSA 1978. Untimely excusals or request for excusals will not be allowed. B. Disqualification of a board member: A board m…

Pursuant to Section 61-1-9 NMSA 1978, or upon the motion of a party, the board or hearing officer may conduct a pre-hearing conference. At the conference the parties shall determine the feasibility of settlement, formulate or simplify the issues in the proceeding, consider the ne…

Motions may be made prior to or during a hearing. Motions made during the hearing are governed by Subsection B of 16.10.6.21 NMAC. Pre-hearing motions may be accompanied by a memorandum of law in support of the motion and must be in writing. The moving party shall serve one copy …

No party in a contested case shall communicate with any member of the board or any board staff, including the executive director, during the administrative proceedings. All communications, including correspondence, shall be directed to the hearing officer for receipt and inclusio…

This part applies to applicants, licensees and members of the board.

All attorneys representing physicians, physician assistants, anethesiologist assistants, genetic counselors, or polysomnographic technologists in matters before the board shall file an entry of appearance.

A. The board chair, or his designated representative, on behalf of the board, shall decide whether the hearing shall be before the board or a hearing officer. If the chair of the board, or his designated representative, decides that the matter shall be heard before the board or a…

A. Record of hearing. The board or hearing officer shall cause a record to be made of all formal hearings. The record shall be as recorded by a court reporter appointed by the board or taped (audio or video) at the discretion of the board in the manner authorized by the rules of …

A. General: The board shall follow the rules of evidence set forth in Section 61-1-11 NMSA 1978 in proceedings held under the Uniform Licensing Act. Rules regarding evidence, not otherwise addressed by these rules or the Uniform Licensing Act, shall be governed by the rules of ev…

A. Proposed findings of fact and conclusions of law: The board or hearing officer may require all parties to submit proposed findings of fact and conclusions of law. The board or hearing officer shall determine the time for submission of the proposed findings and conclusions. Eac…

Within 90 days after the completion and closure of the hearing the board shall issue written findings of fact, conclusions of law, and the order of the board regarding any disciplinary action based on the findings of fact and conclusions of law. The board shall also issue a state…

If a hearing officer conducts the hearing, the hearing officer shall prepare a report of findings of fact and may make recommendations. All board members participating in the decision making process, but not present at the hearing, shall familiarize themselves with the record and…