54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.10.6-16.10.6.27 SIMULTANEOUS ACTIONS UNDER THE MEDICAL PRACTICE ACT AND THE IMPAIRED HEALTH CARE PROVIDERS ACT
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Formal proceedings against a physician, physician assistant, anesthesiologist assistant, genetic counselor, or polysomnographic technologist may be taken by the board in accordance with the provisions of the Uniform Licensing Act. No action or investigation or proceedings under t…
R.16.10.6-16.10.6.28 EVALUATION OF COMPETENCE
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When the board has reason to believe that an applicant for licensure or a licensee is not competent to practice, it may require the applicant or licensee to take a competency examination or to be evaluated for competence by any means that has been endorsed or approved the board.
R.16.10.6-16.10.6.29 PARENTAL RESPONSIBILITY ACT COMPLIANCE
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This section is adopted pursuant to the Parental Responsibility Act Sections 40-5A-1 through 40-5A-13 NMSA 1978. If an applicant for licensure or a licensee is identified by the state of New Mexico human services department (HSD) as not in compliance with a judgment and order for…
R.16.10.6-16.10.6.3 STATUTORY AUTHORITY
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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, Impaired Physician Act, Section 61-7-1 through 61-7-12 NMSA 1978 and the Parental …
R.16.10.6-16.10.6.30 VENUE OF HEARING
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Venue shall be determined by Section 61-1-6 NMSA 1978. In a proceeding involving a licensee without a residence in New Mexico, venue shall be in the county where the board maintains its office.
R.16.10.6-16.10.6.4 DURATION
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Permanent.
R.16.10.6-16.10.6.5 EFFECTIVE DATE
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December 05, 2023, unless a later date at the end of a section.
R.16.10.6-16.10.6.6 OBJECTIVE
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This part establishes a procedure for investigating complaints, issuing notices of contemplated action, holding hearings and making decisions in disciplinary proceedings.
R.16.10.6-16.10.6.7 DEFINITIONS
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"Licensee" as used in this part means a physician, a physician assistant, anesthesiologist assistant, genetic counselor, or polysomnographic technologist who holds a current license to practice in New Mexico or who is applying for licensure, license renewal or license reinstateme…
R.16.10.6-16.10.6.8 COMPLAINTS
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A complaint may be filed against a physician, physician assistant, anesthesiologist assistant, genetic counselor, or polysomnographic technologist. All complaints must be in writing. The date of receipt of the complaint shall begin the running of the statute of limitation.
R.16.10.6-16.10.6.9 COMPLAINT RECORD
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The board shall maintain a record of all complaints filed. The complaint record is confidential.
R.16.10.7-16.10.7.1 ISSUING AGENCY
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New Mexico Medical Board, hereafter called the board.
R.16.10.7-16.10.7.10 LICENSEE RESPONSIBILITY
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The board assumes no responsibility for renewal applications not received by the licensee for any reason. It is the licensee's responsibility to assure the board has accurate address information and to make a timely request for the renewal form if one has not been received prior …
R.16.10.7-16.10.7.11 RENEWAL AFTER JULY 1 AND BEFORE AUGUST 16
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Renewal applications post-marked, electronically or hand delivered after July 1 and prior to August 16 of the renewal year must be accompanied by the completed renewal application, the triennial renewal fee and late fee indicated in 16.10.9.8 NMAC, and documentation of 75 hours o…
R.16.10.7-16.10.7.12 RENEWAL AFTER AUGUST 15 AND BEFORE OCTOBER 1
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Renewal applications post-marked on or after August 16 but before October 1, of the renewal year must be accompanied by the completed renewal application, the triennial renewal fee and late fee indicated in 16.10.9.8 NMAC, and documentation of 75 hours of continuing medical educa…
R.16.10.7-16.10.7.13 CHANGE IN STATUS
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Physicians who do not want to maintain an active license to practice medicine in New Mexico may choose to place their license on inactive, retired or voluntary lapsed status at the time of renewal. A. Inactive status. A license may be placed on inactive status by the payment of t…
R.16.10.7-16.10.7.14 LICENSE SUSPENSION FOR NON-RENEWAL
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The board may in its discretion suspend for non-renewal and change the status to lapsed on October 1 of the renewal year the license of any physician who has failed within ninety days after the license renewal date to renew their license, or to change the license status as indica…
R.16.10.7-16.10.7.15 RESERVED
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R.16.10.7-16.10.7.16 LICENSE REINSTATEMENT WITHIN TWO YEARS OF RENEWAL DATE
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A license that has been suspended for non-renewal and placed on lapsed status, placed in inactive, or voluntarily lapsed status may be reinstated within two years of the renewal date by submitting the following documentation: A. written request for re-instatement; B. completion o…
R.16.10.7-16.10.7.17 LICENSE REINSTATEMENT AFTER TWO YEARS FROM RENEWAL DATE
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Restoration of a medical license to active status after two years from the renewal date requires the physician demonstrate continued competence to practice medicine through the following documentation: A. completion of a reinstatement application; B. proof of completion of 75 hou…
R.16.10.7-16.10.7.18 REINSTATEMENT PROCESS
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All applicants approved for reinstatement must pay the renewal fee indicated in Subsection B of 16.10.9.8 NMAC. Applicants with a license that has been placed on inactive status must pay the reinstatement fee indicated in Subsection I of 16.10.9.8 NMAC in addition to the triennia…
R.16.10.7-16.10.7.2 SCOPE
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This part applies to licensed physicians as well as physicians who have previously held a license to practice in New Mexico and wish to reinstate the expired, inactive, suspended, lapsed, or retired license.
R.16.10.7-16.10.7.3 STATUTORY AUTHORITY
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This rule governs the practice of medicine in New Mexico and is promulgated pursuant to and in accordance with the Medical Practice Act, Section 61-6-19, 61-6-26, 61-6-27, 61-6-28 and 61-6-30 NMSA 1978.
R.16.10.7-16.10.7.4 DURATION
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Permanent
R.16.10.7-16.10.7.5 EFFECTIVE DATE
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April 18, 2002 unless a later date is cited at the end of a section.
R.16.10.7-16.10.7.6 OBJECTIVE
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This part establishes procedures for license expiration, renewal and reinstatement.
R.16.10.7-16.10.7.7 DEFINITIONS
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A. "Inactive" means a license placed in a non-working status at the request of a physician not currently practicing in New Mexico. B. "Lapsed" means a license that has not been renewed by September 30 of the expiration year and has been suspended for non-renewal. A license that h…
R.16.10.7-16.10.7.8 RESERVED
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R.16.10.7-16.10.7.9 RENEWAL PROCESS
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To avoid additional penalty fees, a completed renewal application, accompanied by the required fees and documentation must be submitted through the online renewal system, post-marked or hand-delivered on or before July 1 of the renewal year. A New Mexico medical license that has …
R.16.10.8-16.10.8.1 ISSUING AGENCY
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New Mexico Medical Board, hereafter called the board.
R.16.10.8-16.10.8.2 SCOPE
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This part applies to all applicants and licensees.
R.16.10.8-16.10.8.3 STATUTORY AUTHORITY
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These rules are promulgated pursuant to and in accordance with the Medical Practice Act, sections 61-6-1 through 61-6-35 NMSA 1978.
R.16.10.8-16.10.8.4 DURATION
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Permanent
R.16.10.8-16.10.8.5 EFFECTIVE DATE
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July 15, 2001 unless a later date is cited at the end of a section.
R.16.10.8-16.10.8.6 OBJECTIVE
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This part is concerned with aspects of medical ethics that includes a non-exclusive listing of acts that constitute unprofessional conduct and establishes rules for ethical conduct which govern certain special categories of medical practice by physicians and physician assistants,…
R.16.10.8-16.10.8.7 DEFINITIONS
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Established physician-patient relationship means a relationship between a physician and a patient that is for the purpose of maintaining the patient's well-being. At a minimum, this relationship is established by an interactive encounter between patient and physician involving an…
R.16.10.8-16.10.8.8 UNPROFESSIONAL OR DISHONORABLE CONDUCT
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As defined in the Medical Practice Act, Section 61-6-15,D,(29), "unprofessional or dishonorable conduct" includes, but is not limited to, the following: A. practicing medicine without an active license; B. sexual misconduct, including sexual contact with patient surrogates, such …
R.16.10.8-16.10.8.9 DETERMINATION OF MEDICAL ETHICS
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A. The board adopts the ethical standards set forth in the latest published version of the "code of medical ethics current opinions with annotations of the council on ethical and judicial affairs of the American medical association" or its successor publication ("code of medical …
R.16.10.9-16.10.9.1 ISSUING AGENCY
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New Mexico Medical Board, hereafter called the board.
R.16.10.9-16.10.9.10 ANESTHESIOLOGIST ASSISTANT FEES
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A. Application fee of $100. B. Biennial renewal fee of $100. C. Change in supervision fee of $25. D. Late fee of $25 for failure to renew license or provide required documentation by July 1 of the renewal year. E. Reinstatement fee of $50, for reinstatement of an anesthesiologist…
R.16.10.9-16.10.9.11 GENETIC COUNSELOR FEES
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A. Application fee of $150; includes temporary license while certification is pending. B. Biennial renewal fee of $150. C. Reinstatement fee of $100, for reinstatement of a genetic counselor license, which shall be in addition to the biennial license renewal; and if required, nat…
R.16.10.9-16.10.9.12 POLYSOMNOGRAPHY TECHNOLOGIST FEES
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A. Application fee of $150; includes temporary permit while certification is pending. B. Biennial renewal fee of $150. C. Reinstatement fee of $100, for reinstatement of a polysomnography technologist license, which shall be in addition to the biennial license renewal; and if req…
R.16.10.9-16.10.9.13 PHYSICIANS SUPERVISING PHARMACIST CLINICIANS
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A. Registration application fee of $100. B. Biennial renewal fee of $100. C. Change of supervising physician fee of $25, with no change in scope of practice or protocol. D. Late fee of $25 for failure to renew registration or provide required documentation by July 1 of the renewa…
R.16.10.9-16.10.9.14 MISCELLANEOUS FEES
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A. Copying fee of up to $1.00 per page for public records. B. License verification fee of $30 per license for a letter of good standing to confirm the verification. C. Fee of $20 per copy for annual directory of physicians. D. Returned check fee of $25. E. List of licensees on CD…
R.16.10.9-16.10.9.15 NATUROPATHIC DOCTORS
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A. Application fee of $320. B. Triennial license renewal fee of $360. C. Processing fee of $20 for placing a license on inactive status. D. Late fee of $80 for all naturopathic doctors who renew their license to active status, or provide required documentation after March 1 but b…
R.16.10.9-16.10.9.2 SCOPE
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This part applies to applicants and licensees.
R.16.10.9-16.10.9.3 STATUTORY AUTHORITY
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This part is promulgated pursuant to and in accordance with the Medical Practice Act, Sections 61-6-1 through 61-6-35 NMSA 1978.
R.16.10.9-16.10.9.4 DURATION
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Permanent.
R.16.10.9-16.10.9.5 EFFECTIVE DATE
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March 24, 2020 unless a later date is cited at the end of a section.
R.16.10.9-16.10.9.6 OBJECTIVE
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This part sets fees for physicians, physician assistants, anesthesiologists assistants, genetic counselors, polysomnography technologists, naturopathic doctors and individuals requesting selected public information.