New Mexico Register / Volume
XXXIII, Issue 3 / February 8, 2022
This is an amendment to 16.10.2 NMAC, Section
2, 3, 7, 9, 10, 12, 16 and 19 effective 2/8/2022.
16.10.2.2 SCOPE: This part applies to all [allopathic]
physicians applying for licensure in New Mexico.
[16.10.2.2 NMAC - Rp 16 NMAC 10.2.2, 4/18/2002; A, 2/8/2022]
16.10.2.3 STATUTORY
AUTHORITY: This part governs the licensing
of [medical doctors] in New Mexico and is promulgated pursuant to and in
accordance with the Medical Practice Act, sections 61-6-11, 61-6-11.1, 61-6-12,
61-6-13, 61-6-14, 61-6-15, 61-6-18, 61-6-18.1, and 61-6-19 NMSA 1978.
[16.10.2.3 NMAC - Rp 16 NMAC 10.2.3, 4/18/2002; A, 2/8/2022]
16.10.2.7 DEFINITIONS:
A. “Absence of good moral character” means any conduct
that calls into question an applicant’s fitness or suitability to engage in
licensed practice, or that is antithetical to the promotion of the public
health, safety, and welfare, as determined by the board, constitutes a lack of
good moral character. The conduct
subject to the Board’s evaluation for good moral character may or may not arise
in the context of professional practice.
B. “AOA” means the American
osteopathic association.
C. “AOA-BOS” means the American
osteopathic association bureau of osteopathic specialists.
[A.] D. “Board approved school” means a medical
school that has been approved by the liaison committee on medical education,
composed of the American medical association and the association of American
medical colleges, has a liaison council on medical education (LCME)-approved
curriculum or equivalent for graduates of Canadian schools, is on the approved
list of the California state medical board, is accredited by the American
osteopathic association or commission on osteopathic accreditation, or has
been approved by the board.
[B.] E. “Board
approved training program” means a program approved by the accrediting
council on graduate medical education of the American medical association
(ACGME), is approved by American osteopathic association (AOA), the
royal college of physicians and surgeons of Canada (RCPSC), or a residency
program located within an ACGME approved institution that has been approved by
the board.
[C.] F. “Board approved credential
verification service” means a credential verification service certified by
the national commission on quality assurance (NCQA) and approved by the board.
G. “Disqualifying criminal conviction” means a
conviction pursuant to the Uniform Licensing Act, Section 61-1-36, NMSA 1978,
for a crime that is job-related for the position in question and consistent
with business necessity.
H. “FCVS”
means the federation credential verification service of the federation of state
medical boards.
I. “Good moral character” means qualities evidencing an
applicant’s present good moral character for purposes of licensure including
candor, honesty, integrity, a respect for the law, regard for the welfare,
safety, and rights of another, and fidelity and trustworthiness in the practice
of the professions for which they may be licensed. Conversely, an applicant whose conduct
reflects the absence of one or more of these qualities may be said to lack the
good moral character required for licensure.
It is a continuing duty to exhibit good moral character as a
licensee. Absence of good moral
character means any conduct that calls into question an applicant’s fitness or
suitability to engage in licensed practice, or that is antithetical to the
promotion of the public health, safety, and welfare, as determined by the board,
constitutes a lack of good moral character.
The conduct subject to the board’s evaluation for good moral character
may or may not arise in the context of professional practice.
[D.] J. “HSC”
means the hospital services corporation, a New Mexico corporation, and a
credential verification organization certified by the national commission on
quality assurance (NCQA).
[E. “FCVS” means the federation credential
verification service of the federation of state medical boards.
F.] K. “Major
disaster” means a declaration of a major disaster by the federal emergency
management agency (FEMA).
[G.] L. “Military service member”
means a person who is serving in the armed forces of the United States or in a
reserve component of the armed forces of the United States, including the
national guard.
[H.] M. “Nationwide
criminal history record,” information concerning a person’s arrests,
indictments, or other formal criminal charges and any dispositions arising
there from, including convictions, dismissals, acquittals, sentencing and
correctional supervision, collected by criminal justice agencies and stored in
the computerized databases of the federal bureau of investigation, the national
law enforcement telecommunications systems, the department of public safety or
the repositories of criminal history information in other states.
[I.] N. “Nationwide criminal history screening,” a
criminal history background investigation of an applicant for licensure by
examination or endorsement through the use of fingerprints reviewed by the
department of public safety and submitted to the federal bureau of
investigation, resulting in the generation of a nationwide criminal history
record for that applicant.
O. “Physician” means allopathic doctor (MD) or doctor of
osteopathy (DO).
[J.] P. “Recent
veteran” means a person who has received an honorable discharge or
separation from military service within the two years immediately preceding the
date the person applies for a medical license pursuant to section
16.10.2.17. The veteran shall submit a
copy of Form DD214, or its equivalent, as part of the application process.
[K.] Q. “Telemedicine” means the practice of
medicine across state lines as defined in the Medical Practice Act, Section
61-6-6, K NMSA 1978.
[16.10.2.7 NMAC - Rp
16 NMAC 10.2.7, 4/18/2002; A, 1/20/2003; A, 10/7/2005; A, 12/30/2005; A, 7/1/2006;
A, 1/10/2007; A, 10/11/2013; A, 2/8/2022]
16.10.2.9 MEDICAL
LICENSE BY EXAMINATION:
A. Prerequisites for licensure: Each applicant for a license to practice as a
[medical doctor] physician in New Mexico must be of good moral
character and must possess the following qualifications:
(1) graduated
and received a diploma from a board approved school, completed a program
determined by the board to be substantially equivalent to a U.S. medical
school, based on board review of an evaluation by a board approved credential
evaluation service, or the board shall, in its sole discretion, determine if
the applicant’s total educational and professional clinical experience is
substantially equivalent to that which is required for licensure in New Mexico;
and
(2) successfully
passed one of the examinations or combinations of examinations defined in
16.10.3 NMAC; and
(3) completed
two years of postgraduate training or been approved by the board in accordance
with the provisions of Subsection B of Section 61-6-11 NMSA 1978;
(4) when
the board has reason to believe that an applicant for licensure is not
competent to practice medicine it may require the applicant to complete a
special competency examination or to be evaluated for competence by other means
that have been approved by the board; and
(5) a
qualified applicant who has not been actively and continuously in practice for
more than two years prior to application may be required to successfully
complete a special examination or evaluation such as, but not limited to, the
SPEX (special purpose examination), the PLAS (post-licensure assessment system
of the federation of state medical boards), or specialty re-certification.
B. Required documentation for all applicants: Each applicant for a license must submit the
required fees as specified in 16.10.9.8 NMAC and the following documentation:
(1) a
completed signed application with a passport-quality photo taken within the
previous six months; applications are valid for one year from the date of
receipt by the board;
(2) verification
of licensure in all states or territories where the applicant holds or has held
a license to practice medicine, or other health care profession; verification must be received directly from
the other state board(s), and must attest to the status, issue date, license
number, and other information requested and contained on the form; this information will be provided by HSC or
another board-approved credentials verification service for applicants using
that service, or directly to the New Mexico medical board for applicants using
FCVS or applying directly to the board;
(3) two
recommendation forms from physicians, chiefs of staff or department chairs or
equivalent with whom the applicant has worked and who have personal knowledge
of the applicant’s character and competence to practice medicine; the recommending physicians must have personally
known the applicant and have had the opportunity to personally observe the
applicant’s ability and performance;
forms must be sent directly to the board from the recommending
physician; this information will be
provided by HSC or another board-approved credentials verification service for
applicants using that service, or directly to the New Mexico medical board for
applicants using FCVS or applying directly to the board;
(4) verification
of all work experience and hospital affiliations in the last two years, if
applicable, not to include postgraduate training; this information will be
provided by HSC or another board-approved credentials verification service for
applicants using that service, or directly to the New Mexico medical board for
applicants using FCVS or applying directly to the board;
(5) a
copy of all American board of medical specialties (ABMS) specialty board
certifications, or American osteopathic association bureau of osteopathic
specialists (AOA-BOS) if applicable; this information will be provided by
HSC or another board-approved credentials verification service for applicants
using that service, or directly to the New Mexico medical board for applicants
using FCVS or applying directly to the board; and
(6) the
board may request that applicants be investigated by the biographical section
of the American medical association (AMA), the drug enforcement administration
(DEA), the federation of state medical boards (FSMB), the national practitioner
data bank, and other sources as may be deemed appropriate by the board;
(7) applicants
who are not United States citizens must provide proof that they are in
compliance with the immigration laws of the United States.
C. Additional documentation for applicants
using the FCVS: Applicants are
encouraged to use the FCVS as once a credential file is created future
applications for medical licensure will be streamlined. However, application through FCVS is not
required. Applicants using the FCVS must
submit a completed application to the FCVS, who will provide primary source
documentation to the board. Only the
documents required in Subsection B of 16.10.2.9 are required in addition to the
FCVS report.
D. Additional documentation for applicants
using HSC or another board-approved credentials verification service:
(1) status
report of educational commission for foreign medical graduates (ECFMG)
certification sent directly to the board from ECFMG, if applicable;
(2) copy
of ECFMG interim letter documenting additional postgraduate training for
international medical graduates applying through the fifth pathway process, if
applicable;
(3) certified
transcripts of exam scores as required in 16.10.3 NMAC sent directly to the
board from the testing agency;
(4) proof
of identity may be required; acceptable documents include birth certificate,
passport, naturalization documents, and visas.
E. Additional documentation for applicants
applying directly to New Mexico and not using FCVS or HSC or another
board-approved credentials verification service:
(1) verification
of medical education form with school seal or notarized, sent directly to the
board from the school;
(2) transcripts
sent directly to the board from the medical school;
(3) status
report of ECFMG certification sent directly to the board from ECFMG, if
applicable;
(4) copy
of ECFMG interim letter documenting additional postgraduate training for
international medical graduates applying through the fifth pathway process, if
applicable;
(5) postgraduate
training form sent to the board directly from the training program;
(6) certified
transcripts of exam scores as required in 16.10.3 NMAC sent directly to the
board from the testing agency; and
(7) proof
of identity may be required; acceptable documents include birth certificate,
passport, naturalization documents, and visas;
(8) certified
copies of source documents obtained directly from another state licensing
jurisdiction who has the original document on file will be accepted in lieu of
original documents when the originals cannot be obtained for a valid cause.
F. Licensure process: Upon receipt of a completed application,
including all required documentation and fees, the applicant may be scheduled
for a personal interview before the board, a board member designated by the
board, or an agent of the board and must present original documents as
requested by the board. The initial
license will be issued following completion of any required interview, or
approval by a member or agent of the board.
G. Initial license expiration: Medical licenses shall be renewed on July 1
following the date of issue. Initial
licenses are valid for a period of not more than thirteen months or less than
one month. If New Mexico is the first
state of licensure, initial licenses are valid for a period of not less than twenty-four
months or more than thirty-five months and shall be renewed on July 1.
[16.10.2.9 NMAC - N,
5/1/2002; A, 1/20/2003; A, 7/1/2003; A, 4/3/2005; A, 10/7/2005; A, 7/1/2006; A,
1/10/2007; A, 1/3/2008; A, 10/11/2013; A, 01/15/2014; A, 2/8/2022]
16.10.2.10 MEDICAL
LICENSE BY ENDORSEMENT:
A. Prerequisites for licensure: Each applicant for a license to practice as a
[medical doctor] physician in New Mexico by endorsement must be
of good moral character, hold a full and unrestricted license to practice
medicine in another state, and possess the following qualifications:
(1) have
practiced medicine in the United States or Canada immediately preceding the
application for at least three years;
(2) be
free of disciplinary history, license restrictions, or pending investigations
in all jurisdictions where a medical license is or has been held;
(3) graduated
from a board approved school or hold current ECFMG certification; and
(4) current
certification from a medical specialty board recognized by the ABMS or the
AOA-BOS.
B. Required documentation for all applicants: Each applicant for a license must submit the
required fees as specified in 16.10.9.8 NMAC and the following documentation:
(1) a
completed signed application with a passport-quality photo taken within the
previous six months; applications are valid for one year from the date of
receipt by the board;
(2) verification
of licensure in all states or territories where the applicant holds or has held
a license to practice medicine, or other health care profession; verification
must be received directly from the other state board(s), and must attest to the
status, issue date, license number, and other information requested and
contained on the form;
(3) two
recommendation forms from physicians, chiefs of staff or department chairs or
equivalent with whom the applicant has worked and who have personal knowledge
of the applicant’s character and competence to practice medicine; the recommending physicians must have
personally known the applicant and have had the opportunity to personally
observe the applicant’s ability and performance; forms must be sent directly to the board from
the recommending physician; this
information will be provided by HSC or another board-approved credentials
verification service for applicants using that service, or directly to the New
Mexico medical board;
(4) verification
of all work experience and hospital affiliations in the last three years, if
applicable, not to include postgraduate training; this information will be
provided by HSC or another board-approved credentials verification service for
applicants using that service, or directly to the New Mexico medical board;
(5) a
copy of all ABMS or AOA-BOS specialty board certifications, if
applicable; this information will be provided by HSC or another board-approved
credentials verification service for applicants using that service, or directly
to the New Mexico medical board; and
(6) the
board may request that applicants be investigated by the biographical section
of the AMA, the DEA, the FSMB, the national practitioner data bank, and other
sources as may be deemed appropriate by the board;
(7) applicants
who are not U.S. citizens must provide proof that they are in compliance with
the immigration laws of the United States.
C. Licensure process: Upon receipt of a completed application,
including all required documentation and fees, the applicant may be scheduled
for a personal interview before the board, a board member designated by the
board, or an agent of the board and must present original documents as
requested by the board. The initial
license will be issued following completion of any required interview, or approval
by a member or agent of the board.
D. Initial license expiration: Medical licenses shall be renewed on July 1
following the date of issue. Initial
licenses are valid for a period of not more than thirteen months or less than
one month.
[16.10.2.10 NMAC -
N, 1/20/03; A, 7/1/2003; A, 4/3/05; A, 10/7/05; A, 7/1/06; A, 1/10/07; A, 10/11/13;
A, 01/15/14; A, 2/8/2022]
16.10.2.12 POSTGRADUATE
TRAINING LICENSE: A postgraduate training license is required
for all interns, residents, and fellows enrolled in board approved training
programs within the state. Individuals
enrolled in board approved training programs outside of New Mexico may apply
for a postgraduate training license as a pre-requisite to obtaining a New
Mexico public service license.
A. Prerequisites for licensure: Each applicant for a postgraduate training
license must possess the following qualifications:
(1) graduated
from a board approved school or completed a program determined by the board to
be substantially equivalent to a U.S. medical school or college of
osteopathic medicine, based on board review of an evaluation by a board
approved credential evaluation service;
(2) passed
part I of the United States medical licensing examination (USMLE) or COMLEX;
and
(3) be
of good moral character.
B. Required
documentation: Each applicant shall
submit the required fee as specified in 16.10.9.8 NMAC and complete the
board-approved application.
(1) Applicants
enrolled at the university of New Mexico health science center must submit an
application through the office of graduate medical education for review before
it is forwarded to the board for review and approval.
(2) Applicants
enrolled at a board approved training program outside New Mexico must submit
the postgraduate training license application directly to the board.
(3) A
copy of the official examination results must be attached to each application.
C. Licensure process: Upon receipt of a completed signed
application and fee, a member or agent of the board will review the application
and may approve the license. The
applicant may be scheduled for a personal interview before the board, a board
member designated by the board, or an agent of the board.
D. License expiration: Postgraduate training licenses are valid for
no longer than one year, but may be renewed for a period not to exceed eight
years or completion of the residency, whichever is shorter, and as long as the
license holder is enrolled in a board approved training program. Postgraduate training licenses may be renewed
prior to expiration.
[16.10.2.12 NMAC - Rp, 16 NMAC 10.2.14, 4/18/2002; 16.10.2.12 NMAC - Rn,
16.10.2.11 NMAC, 1/20/2003; A, 10/7/2005;
A, 7/1/2006; A, 1/3/2008; A, 10/11/2013; A, 2/8/2022]
16.10.2.16 PROVISIONS FOR PHYSICIAN LICENSURE
DURING A DECLARED DISASTER: The
board will make accommodations for physicians who have been impacted by a major
disaster. Based on the nature of the
disaster, the extent of the damage, and the number of individuals and
institutions that have been affected, the board may waive documentation
requirements for any new or pending applications when the disaster delays or
prohibits the procuring of the required documents. The board may also waive any required fees
for applications submitted after the major disaster. The board will determine the length of time
the emergency provisions will be in effect for each major disaster that results
in applications for a federal emergency license.
A. Federal emergency license by examination:
Physicians currently licensed in a state in which a major disaster has
been declared may be issued a federal emergency license in New Mexico. The board may waive specific documentation
required in Subsection B through E of 16.10.2.9 NMAC if the applicant is unable
to obtain the documentation from individuals or institutions located in the
disaster area. Nothing in this provision
shall constitute a waiver of the requirements for licensure contained in
Subsection A of 16.10.2.9 NMAC.
B. Federal emergency license by endorsement:
Physicians currently licensed in a state in which a major disaster has
been issued a federal emergency license in New Mexico. The board may waive specific requirements of
Subsection B of 16.10.2.10 NMAC if the applicant is unable to obtain the
documentation from individuals or institutions located in the disaster
area. Nothing in this provision shall
constitute a waiver of the requirements for licensure contained in Subsection A
of 16.10.2.10 NMAC. The following
requirements will apply to applicants under this provision:
(1) a completed signed application, is
required, accompanied by proof of identity, which may include a copy of a
drivers license, passport or other photo identification issued by a
governmental entity;
(2) the
board will consider the required three years of practice experience to be met
through any combination of postgraduate medical education and actual work
experience;
(3) the
board may waive any requirements for recommendation forms or verification of
work experience forms;
(4) other
required verification will be obtained online by board staff to include:
current licensure status, national practitioners data bank, federation of state
medical board disciplinary database, American medical association or AOA
records of education and postgraduate training, and the records of the American
board of medical specialties or AOA-BOS to confirm board certification
status.
C. License expiration: Initial federal emergency licenses shall be
valid for not less than three months or more than fifteen months. Licenses shall be renewed on July 1 following
the date of issue, pursuant to 16.10.7 NMAC.
The board reserves the right to request additional documentation, including
but not limited to recommendation forms and work experience verification forms
prior to approving license renewal. At
the time a federal emergency license is approved for renewal it will be
transferred to a full medical license.
[16.10.2.16 NMAC -
N/E, 9/22/2005; A, 12/30/2005; A, 7/1/2006; A, 2/8/2022]
16.10.2.19 CRIMINAL
CONVICTIONS:
A. Convictions for any
of the following felony offenses, or their equivalents in any other
jurisdiction, are disqualifying criminal convictions that may disqualify an
applicant from receiving or retaining a license or certificate issued by the
board:
(1) homicide;
(2) aggravated assault, aggravated
battery, kidnapping, false imprisonment, human trafficking, stalking, or other
crimes of violence against persons;
(3) robbery, larceny, burglary,
extortion, receiving stolen property, possession of burglary tools, unlawful
taking of a motor vehicle, or other crimes involving theft or appropriation of
personal property or funds;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, child solicitation, or
other crimes constituting sexual offenses;
(5) crimes against children; crimes
involving child abuse or neglect; child sexual exploitation, child pornography;
(6) driving under the influence of
intoxicating liquor or drugs;
(7) trafficking controlled substances;
(8) fraud, forgery, money laundering,
embezzlement, credit card fraud, counterfeiting, financial exploitation, or
other crimes of altering any instrument affecting the rights or obligations of
another;
(9) making a false statement under oath
or in any official document;
(10) evasion of a lawful debt or obligation,
including but not limited to tax obligations; or
(11) an attempt, solicitation or conspiracy
involving any of the felonies in this subsection.
[16.10.2.19 NMAC -
N, 2/8/2022]