Chapter 61 — Chapter 61

The New Mexico board of dental health care shall initiate disciplinary proceedings for willful and persistent noncompliance with the provisions of the Dental Amalgam Waste Reduction Act. History: Laws 2013, ch. 206, § 6.

A. Chapter 61, Article 6 NMSA 1978 may be cited as the "Medical Practice Act". B. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of medicine, it is necessary to provide laws a…

History: 1953 Comp., § 67-5-3.6, enacted by Laws 1973, ch. 361, § 6; 1978 Comp., § 61-6-9, recompiled as § 61-6-10 by Laws 1989, ch. 9, § 5; 1997, ch. 187, § 8; 2003, ch. 19, § 10; 2007, ch. 250, § 1; 2017, ch. 103, § 4; recompiled and amended as § 61-6C-8 by Laws 2022, ch. 39, §…

History: Laws 2001, ch. 311, § 1; 1978 Comp., § 61-6-10.1, recompiled and amended as § 61-6D-1 by Laws 2022, ch. 39 § 35.

History: Laws 2001, ch. 311, § 10; 1978 Comp., § 61-6-10.10, recompiled as § 61-6D-9 by Laws 2022, ch. 39, § 105.

History: Laws 2015, ch. 52, § 3; 2021, ch. 54, § 26; 1978 Comp., § 61-6-10.11, recompiled as § 61-6D-10 by Laws 2022, ch. 39, § 105.

History: Laws 2001, ch. 311, § 2; 2003, ch. 19, § 11; 2003, ch. 302, § 1; 2015, ch. 52, § 1; repealed and reenacted by 2015, ch. 52, § 4; 2021, ch. 54, § 23; 2021, ch. 54, § 24; 1978 Comp., § 61-6-10.2 recompiled as § 61-6D-2 by Laws 2022, ch. 39, § 105.

History: Laws 2001, ch. 311, § 3; 2003, ch. 302, § 2; 2020, ch. 6, § 14; 1978 Comp., § 61-6-10.3, recompiled as § 61-6D-3 by Laws 2022, ch. 39, § 105.

History: Laws 2001, ch. 311, § 4; 1978 Comp., § 61-6-10.4, recompiled as § 61-6D-4 by Laws 2022, ch. 39, § 105.

History: Laws 2001, ch. 311, § 5; 2020, ch. 6, § 15; 1978 Comp., § 61-6-10.5, recompiled as § 61-6D-5 by Laws 2022, ch. 39, § 105.

History: Laws 2001, ch. 311, § 6; 2021, ch. 54, § 25; 1978 Comp., § 61-6-10.6, recompiled as § 61-6D-6 by Laws 2022, ch. 39, § 105.

History: Laws 2001, ch. 311, § 7; 2013, ch. 129, § 1; 1978 Comp., § 61-6-10.7, recompiled as § 61-6D-7 by Laws 2022, ch. 39, § 105.

ANNOTATIONS Repeals. — Laws 2003, ch. 19, § 29 repealed 61-6-10.8 NMSA 1978, as enacted by Laws 2001, ch. 311, § 8, relating to the power to deny, revoke or suspend a license to practice as an anesthesiologist assistant, effective June 20, 2003. For provisions of former section, …

History: Laws 2001, ch. 311, § 9; 2003, ch. 302, § 3; 2015, ch. 52, § 2; 1978 Comp., § 61-6-10.9, recompiled and amended as § 61-6D-8 by Laws 2022, ch. 39, § 36.

A. The board may consider for licensure a person who is of good moral character, is a graduate of an accredited United States or Canadian medical or osteopathic medical school, has passed an examination approved by the board and has completed two years of an approved postgraduate…

A. The board shall issue a licensed physician a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States. The board shall establish b…

The provisions of the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Medical Practice Act and to all health care practitioners over which the board has licensure authority. History…

A. The board may grant an expedited license to a qualified applicant licensed in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978. The board shall process the application as soon as practicab…

temporary licenses for out-of-state physicians. A. The secretary-treasurer of the board or the board's designee may, either by examination or endorsement, approve a temporary license to practice medicine to an applicant qualified to practice medicine in this state who will be tem…

may be fined, censured or reprimanded; procedure; practice after suspension or revocation; penalty; unprofessional and dishonorable conduct defined; fees and expenses. A. The board may refuse to license and may revoke or suspend a license that has been issued by the board or a pr…

A. The board may summarily suspend or restrict a license issued by the board without a hearing, simultaneously with or at any time after the initiation of proceedings for a hearing provided under the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], if the board finds that evi…

review actions and acceptance of surrendered license; immunity from civil damages; penalty. A. All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a medical malpractice action or claim, hospitals,…

The Medical Practice Act shall not apply to or affect: A. gratuitous services rendered in cases of emergency; B. the domestic administration of family remedies; C. the practice of midwifery as regulated in this state; D. commissioned medical officers of the armed forces of the Un…

out-of-state sports teams. A. An individual who is licensed in good standing to practice medicine in another state, and whom the board has not previously found to have violated a provision of the Medical Practice Act, may practice medicine without a license granted by the board i…

A. Nothing in the Medical Practice Act shall prevent a medical student properly registered or enrolled in a medical college or school in good standing from diagnosing or treating the sick or afflicted, provided that the medical student does not receive compensation for services a…

A. Applicants for a public service license shall meet all requirements for licensure and shall: (1) be enrolled in a board-approved residency or fellowship training program either in New Mexico or in another jurisdiction; (2) obtain written approval from the training program dire…

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall impose the following fees: (1) an application fee not to exceed five hundred dollars ($500) for licensure by endorsement as provided in Section 61-6-13 NMSA 1978; (2) an application fee not to exceed five hundred…

qualifications. A. There is created the "New Mexico medical board", consisting of eleven members. The board shall be composed of two public members, one physician assistant and eight reputable physicians, at least two of whom shall be osteopathic physicians and at least two of wh…

A. Any person who practices medicine or who attempts to practice medicine without first complying with the provisions of the Medical Practice Act and without being the holder of a license entitling him to practice medicine in New Mexico is guilty of a fourth degree felony. B. Any…

A. For the purpose of protecting the health and well-being of the residents of this state and for maintaining and continuing informed professional knowledge and awareness, the board shall establish mandatory continuing educational requirements for licensees under its authority. B…

The attorney general, the prosecuting attorney, the board or any citizen of any county where any person engages in the practice of medicine as defined by the laws of New Mexico without possessing a valid license to do so may, in accordance with the laws of the state governing inj…

To investigate a complaint against an applicant or a licensee, the board may issue investigative subpoenas prior to the issuance of a notice of contemplated action. History: 1978 Comp., § 61-6-23, enacted by Laws 1989, ch. 269, § 19; 2003, ch. 19, § 21; 2021, ch. 54, § 41.

A. No action that would have any of the effects specified in Sections 61-6-15 and 61-6-15.1 NMSA 1978 may be initiated by the board later than two years after it is brought to the board's attention. B. The time limitation contained in Subsection A of this section shall be tolled …

Any person making a false statement under oath or a false affidavit shall be guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] to eighteen months imprisonment and, in the sente…

A. On or before July 1 of every third year, every licensed physician in this state shall apply for a certificate of triennial renewal of license for the ensuing three years. The fact that a licensed physician has not received a renewal form from the board shall not relieve the ph…

The board shall issue to each licensed physician, upon application in accordance with the provisions of the Medical Practice Act and upon payment of the appropriate fees and upon documentation of continuing education requirements, a certificate of triennial renewal, under the sea…

A licensed physician or practitioner under licensure authority of the board or who applies for a license issued by the board who changes the location of the physician's or practitioner's office or residence shall promptly notify the board of the change. Applicants and licensees s…

ANNOTATIONS Repeals. — Laws 2003, ch. 19, § 29 repealed 61-6-29 NMSA 1978, relating to publication and distribution of lists of registrants, effective June 20, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.

A. The board shall hold four regular meetings every fiscal year. B. During the second quarter of each year, the board shall hold its annual meeting and shall elect officers. C. In addition to the regular meetings, the board may hold special meetings at the call of the president a…

requirements. A. Before restoring to good standing a license that has been in a revoked, suspended or inactive status for any cause for more than two years, the board may require the applicant to pass an oral or written examination, or both, to determine the current fitness and c…

created; method of payments. A. The "New Mexico medical board fund" is created. B. All funds received by the board and money collected under the Medical Practice Act, the Physician Assistant Act [Chapter 61, Article 6C NMSA 1978], the Anesthesiologist Assistants Act [Chapter 61, …

fund; authorized use. Pursuant to Subsection D of Section 61-6-31 NMSA 1978, the board shall authorize expenditures from unexpended and unencumbered cash balances in the board of medical examiners [New Mexico medical board] fund to support an information technology project manage…

restoration; terms and conditions. A. A suspension under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978 may, in the discretion of the board, be terminated, but the suspension shall continue and the board shall not restore to the former practitioner the privilege to p…

Upon a verified written request, a licensee may request that the license be put in retirement, inactive or voluntary lapsed status. Upon request for reinstatement of active status, the board may impose conditions as provided in Section 61-6-30 NMSA 1978. History: 1978 Comp., § 61…

A. No current or former member of the board, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the board shall bear liability or be subject to civil damages or crimin…

History: 1978 Comp., § 61-6-32, enacted by Laws 1979, ch. 40, § 2; 1981, ch. 241, § 20; 1985, ch. 87, § 5; 1978 Comp., § 61-6-32, recompiled as § 61-6-35 by Laws 1989, ch. 269, § 31; 1991, ch. 189, § 10; 1997, ch. 46, § 6; 2003, ch. 428, § 5; 2008, ch. 55, § 3; repealed by Laws 2…

prohibited. (Contingent repeal. See note below.) An employer shall not require a physician licensed in this state pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] to seek licensure through the Interstate Medical Licensure Compact [11-21-2 NMSA 1978] as a con…

commissioners; duties. (Contingent repeal. See note below.) A. The governor shall appoint two members of the board who are licensed physicians to serve on the Interstate Medical Licensure Compact commission. One member shall be a medical doctor and one member shall be an osteopat…

note below.) The board shall post on the board's public website: A. copies of the Interstate Medical Licensure Compact commission's current bylaws and rules; B. notice of any Interstate Medical Licensure Compact commission action that may affect the license of a physician in this…

repeal. See note below.) A. The board may enter into joint investigations with other state medical boards pursuant to the Interstate Medical Licensure Compact [11-21-2 NMSA 1978]; provided that participation in the joint investigation is governed by a written agreement among the …