Chapter 61 — Chapter 61

members. A. At its annual meeting, the board shall elect a chair, a vice chair and a secretary- treasurer. B. The chair shall preside over the meetings and affairs of the board. C. The vice chair shall perform such duties as may be assigned by the chair and shall serve as chair d…

The board shall: A. enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act [Chapter 61, Article 6C NMSA 1978], the Anesthesiologist Assistants Act [Chapter 61, Article 6D NMSA 1978], the Genetic Counseling Act [61-6A-1 to 61-6A-10 NMSA 1978…

As used in the Medical Practice Act: A. "approved postgraduate training program for physicians" means a program approved by the accreditation council for graduate medical education, the American osteopathic association or other board-approved program; B. "board" means the New Mex…

History: 1953 Comp., § 67-5-3.3, enacted by Laws 1973, ch. 361, § 3; 1977, ch. 110, § 2; 1978 Comp., § 61-6-6, recompiled as § 61-6-7 by Laws 1989, ch. 9, § 1; 1994, ch. 57, § 13; 1994, ch. 80, § 2; 1997, ch. 187, § 2; 2003, ch. 19, § 7; 2017, ch. 103, § 2; repealed by Laws 2022,…

History: 1978 Comp., § 61-6-7.1, enacted by Laws 1989, ch. 9, § 2; recompiled and amended as § 61-6C-2 by Laws 2022, ch. 39, § 30.

History: 1978 Comp., § 61-6-7.2, enacted by Laws 1997, ch. 187, § 3; 2003, ch. 19, § 8; 2021, ch. 54, § 22; recompiled and amended as § 61-6C-4 by Laws 2022, ch. 39, § 32.

History: 1978 Comp., § 61-6-7.3, enacted by Laws 1997, ch. 187, § 4; recompiled as § 61-6C-5 by Laws 2022, ch. 39, § 105.

History: Laws 2017, ch. 103, § 6; 1978 Comp., § 61-6-7.4, recompiled as § 61-6C-6 by Laws 2022, ch. 39, § 105.

History: 1953 Comp., § 67-5-3.5, enacted by Laws 1973, ch. 361, § 5; 1978 Comp., § 61-6-8, recompiled as § 61-6-9 by Laws 1989, ch. 9, § 4; 1994, ch. 57, § 14; 1994, ch. 80, § 4; 1995, ch. 21, § 1; 1997, ch. 187, § 7; 2003, ch. 19, § 9; 2017, ch. 103, § 3; recompiled and amended …

Sections 1 through 10 [61-6A-1 to 61-6A-10 NMSA 1978] of this act may be cited as the "Genetic Counseling Act". History: Laws 2008, ch. 53, § 1.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Genetic Counseling Act. History: Laws 2008, ch. 53, § 10.

A. The legislature finds that the mapping of the human genome continues to result in the rapid expansion of genetic knowledge and a proliferation of testing for genetic conditions. This has created a need for qualified professional genetic counselors to coordinate assessments, to…

As used in the Genetic Counseling Act: A. "ABGC" means the American board of genetic counseling, a national agency for certification and recertification of genetic counselors, or its successor agency; B. "ABMG" means the American board of medical genetics, a national agency for c…

Unless licensed as a genetic counselor pursuant to the Genetic Counseling Act, a person shall not: A. engage in the practice of genetic counseling; B. use the title or make any representation as being a licensed genetic counselor or use any other title, abbreviation, letters, fig…

A. Nothing in the Genetic Counseling Act is intended to limit, interfere with or prevent a licensed health care professional from practicing within the scope of the professional license of that health care professional; however, a licensed health care professional shall not adver…

The board shall grant a license to practice genetic counseling to a person who has: A. submitted to the board: (1) a completed application for licensing on the form provided by the board; (2) required documentation as determined by the board; (3) the required fees; (4) an affidav…

A. A licensee shall renew the licensee's genetic counseling license biennially by submitting prior to the date established by the board: (1) the completed application for license renewal on the form provided by the board; and (2) the required fee for annual license renewal. B. Th…

A. The board may issue a temporary license to an applicant who has met all licensure requirements except the examination requirement. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied. The temporary …

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable administrative and licensing fees, but an individual fee shall not exceed four hundred dollars ($400). History: Laws 2008, ch. 53, § 9; 2020, ch. 6, § 17.

Sections 1 through 10 [61-6B-1 to 61-6B-10 NMSA 1978] of this act may be cited as the "Polysomnography Practice Act". History: Laws 2008, ch. 54, § 1.

A person who engages in the practice of polysomnography without a license is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. History: Laws 2008, ch. 54, § 10.

As used in the Polysomnography Practice Act: A. "board" means the New Mexico medical board; B. "committee" means the polysomnography practice advisory committee; C. "direct supervision" means that the polysomnographic technologist providing supervision shall be present in the are…

applicability. A. On and after July 1, 2010, a person who is engaged in the practice of polysomnography must have a valid polysomnographic technologist license issued by the board. It shall be unlawful for a person to engage in the practice of polysomnography after that date unle…

A. The following classes of persons may provide sleep-related services without being licensed as a polysomnographic technologist: (1) a polysomnographic technician under the general supervision of a licensed physician for no more than two years from the date of the person's gradu…

A. The board shall grant a license to engage in the practice of polysomnography to a person who has submitted to the board: (1) a completed application for licensing on the form provided by the board; (2) required documentation as determined by the board; (3) except as provided i…

A. A licensee shall renew the licensee's polysomnographic technologist's license biennially by submitting prior to the date established by the board: (1) the completed application for license renewal on the form provided by the board; and (2) the required fee for biennial license…

A. A license issued by the board shall contain the name of the person to whom it is issued, the date and number of the license and other information the board may require. B. The most recent address contained in the board's records for each licensee is the address deemed sufficie…

removal. A. The "polysomnography practice advisory committee" is created to advise the board on all matters related to the Polysomnography Practice Act. The board shall provide administrative and financial support to the committee. B. The committee shall have five members, who ar…

A. The board, with the advice of the committee, shall have powers regarding licensing of polysomnographic technologists, temporary permitting of polysomnographic technicians, approval of polysomnography curricula, approval of degree programs in polysomnography and any other matte…

Chapter 61, Article 6C NMSA 1978 may be cited as the "Physician Assistant Act"." History: 1978 Comp., § 61-6C-1, enacted by Laws 2022, ch. 39, § 29.

As used in the Physician Assistant Act: A. "administer" means to apply a prepackaged drug directly to the body of a patient by any means; B. "board" means the New Mexico medical board; C. "dispense" means to deliver a drug directly to a patient and includes the compounding, label…

biennial registration of supervision; license renewal; fees. A. The board may license as a physician assistant a qualified person who has graduated from a physician assistant program accredited by the national accrediting body as established by rule of the board in accordance wit…

A. A physician assistant license shall expire every two years on a date established by the board. B. A physician assistant who notifies the board in writing on forms prescribed by the board may elect to place the physician assistant's license on an inactive status. A physician as…

A. A physician assistant student enrolled in a physician assistant or surgeon assistant educational program accredited by the committee on allied health education and accreditation or by its successor shall be exempt from licensure while functioning as a physician assistant stude…

physicians; scope of practice; medical malpractice insurance. A. A physician assistant may perform the acts and duties that are within the physician assistant's scope of practice in collaboration with a licensed physician, if the physician assistant has: (1) completed three years…

The board may promulgate in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce those rules in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for: A. education, skill and experience for licensure of a person as a physicia…

responsibility. A. As a condition of licensure, all physician assistants practicing in New Mexico shall be supervised by a licensed physician. The physician assistant shall inform the board of the name of the licensed physician under whose supervision the physician assistant will…

Chapter 61, Article 6D NMSA 1978 may be cited as the "Anesthesiologist Assistants Act". 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.

An anesthesiologist assistant shall: A. be a current or future employee of a university in New Mexico with a medical school; or B. in a practice other than one at a university in New Mexico with a medical school: (1) be certified as an anesthesiologist assistant by the national c…

As used in the Anesthesiologist Assistants Act: A. "anesthesiologist" means a physician licensed to practice medicine in New Mexico who has successfully completed an accredited anesthesiology graduate medical education program, who is board certified by the American board of anes…

of authority. A. The board may license qualified persons as anesthesiologist assistants. B. A person shall not perform, attempt to perform or hold the person's own self out as an anesthesiologist assistant until the person is licensed by the board as an anesthesiologist assistant…

A. Upon becoming licensed, the board shall register the anesthesiologist assistant on the anesthesiologist assistants' roster, including his name, address and other board- required information and the anesthesiologist assistant's supervising anesthesiologist's name and address. B…

Except as provided in Section 61-1-34 NMSA 1978, the following fees shall be submitted as appropriate to the board: A. an application fee, not to exceed one hundred fifty dollars ($150); B. a license renewal fee, not to exceed one hundred dollars ($100) paid once every two years …

A. An anesthesiologist assistant who notifies the board in writing on forms prescribed by the board may elect to place the anesthesiologist assistant's license on inactive status. An anesthesiologist assistant with an inactive license shall be excused from payment of renewal fees…

A. An anesthesiologist assistant student enrolled in an anesthesiologist assistant educational program accredited by the commission on accreditation of allied health education programs or its successor is exempt from licensure while functioning as an anesthesiologist assistant st…

A. The board may adopt in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] reasonable rules: (1) for setting qualifications of education, skill and experience for licen…

A. Supervising anesthesiologists shall be licensed to practice pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] and shall be approved by the board. B. The anesthesiologist actually supervising the licensed anesthesiologist assistant at the time is individual…

Chapter 61, Article 7 NMSA 1978 may be cited as the "Impaired Health Care Provider Act". History: 1953 Comp., § 67-42-1, enacted by Laws 1976, ch. 3, § 1; recompiled as 1953 Comp., § 67-8A-1; 1995, ch. 96, § 1.

All orders of the board made pursuant to provisions of Subsection C of Section 61-7- 8 NMSA 1978 shall be subject to judicial review as provided for in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. The decision of the board shall not be stayed or enjoined pending revie…

There shall be no liability on the part of and no action for damages against: A. any member of an examining committee of the board for any action undertaken or performed by such member within the scope of the functions or such committee or board under the Impaired Health Care Pro…