New Mexico Register / Volume
XXXIII, Issue 7 / April 5, 2022
This is an
amendment to 16.21.11 NMAC, Section 10 effective 04/23/2022.
16.21.11.10 SUSPENSION, REVOCATION OR REFUSAL OF A
LICENSE: For
the purpose of the Podiatry Act, Section 61.8.11.10 NMSA 1978 of, the
following may apply.
A. "Gross
negligence" or "gross incompetency" means, but shall not be
limited to, a significant departure from the prevailing standard of care in
treating patients, or any act or omission by a podiatrist such as to indicate a
willful act or injury to the patient, or such incompetence on the part of the
podiatrist as to render the podiatrist unfit to hold himself out to the public
as a licensed podiatrist.
B. "Unprofessional
conduct" means, but is not limited to:
(1) performing,
or holding oneself out as able to perform, professional services beyond the
scope of one’s license and field or fields of competence as established by
education, experience, training, or any combination thereof; this includes, but
is not limited to, the use of any instrument or device in a manner that is not
in accordance with the customary standards and practices of the profession;
(2) practicing
beyond the scope of practice of a podiatrist as defined by the Podiatry Act,
Section 61-8-1 NMSA 1978, or board rule;
(3) failure
of a podiatrist to comply with the following advertising guidelines:
(a) shall
not advertise in a false, fraudulent or misleading manner;
(b) shall
include in the advertisement the podiatrist’s name or medical group name,
address and telephone number.
(4) the
making of false or misleading statement in communication with patients or
potential patients;
(5) the
use of misleading or deceptive titles or designations in a name or title of a
podiatric practice, including the unauthorized advertisement of a specialty
designation;
(6) failure
to release to a patient copies of that patient’s records and x-rays;
(7) [conviction
of a felony; a certified copy of the record of the court of conviction shall be
proof of such conviction] disqualifying felony criminal conviction,
defined below in Section C of this part;
(8) impersonating
another person licensed to practice podiatry or permitting or allowing any person
to use his license or certificate of registration;
(9) deliberate
and willful failure to reveal, at the request of the board, the incompetent,
dishonest, or corrupt practices of another podiatrist licensed or applying for
licensure by the board;
(10) accept
rebates, or split fees or commissions from any source associated with the
service rendered to a patient; provided, however, the sharing of profits in a
professional partnership, association, HMO, or similar association shall not be
construed as fee-splitting;
(11) injudicious
prescribing, administration, or dispensing of any drug or medicine;
(12) sexual
misconduct;
(13) the
use of a false, fraudulent or deceptive statement in any document connected
with the practice of podiatry;
(14) the
falsifying of medical records, whether or not for personal gain;
(15) any
intentional conduct or practice which is harmful or dangerous to the health of
the patient;
(16) fraud,
deceit or misrepresentation in any renewal or reinstatement application;
(17) obtaining
or attempting to obtain a license through fraud, misrepresentation, or other
dishonesty;
(18) cheating
on an examination for licensure;
(19) violation
of any order of the board, including any probation order;
(20) treating
patients when the podiatrist is under the influence of alcohol, illegal drugs,
or injudicious use of prescription medications; or
(21) failure
to report to the board the involuntary surrender of a license to practice in
another state, or involuntary surrender of membership on any medical staff or
in any podiatric or professional association or society, in lieu of, and while
under disciplinary investigation by any authority;
(22) willful
abandonment of a patient;
(23) has
failed to furnish the board, its investigators or its representatives with
information requested by the board or the committee in the course of an
official investigation;
(24) breach
of ethical standards, an inquiry into which the board will begin by reference
to the code of ethics of the American podiatric medical association.
C. “Disqualifying criminal
conviction” has the same meaning as defined in Subsection E of Section 61-1-36
NMSA 1978.
(1) Convictions for any of the following felony
offenses, or their equivalents in any other jurisdiction, are disqualifying
criminal conviction that may disqualify an applicant from receiving or
retaining a license issued by the board:
(a) homicide or manslaughter;
(b) trafficking, or trafficking a
controlled substance;
(c) kidnapping, false imprisonment, aggravated
assault or aggravated battery;
(d) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(e) crimes involving adult abuse, neglect
or financial exploitation;
(f) crimes involving child abuse or
neglect;
(g) crimes involving robbery, larceny,
extortion, burglary, bribery, fraud, forgery, embezzlement, credit card fraud,
or receiving stolen property;
(h) practicing medicine without a license;
(i) failure to comply with a
proclamation of the governor; or
(j) an attempt, solicitation, or
conspiracy involving any of the felonies in this subsection.
(2) The board shall not consider the fact
of a criminal conviction as part of an application for licensure unless the
conviction in question is one of the disqualifying criminal convictions listed
in this subsection.
(3) The board shall not deny, suspend or
revoke a license on the sole basis of a criminal conviction unless the conviction
in question is one of the disqualifying criminal convictions listed in this
subsection.
(4) Nothing in this rule prevents the
board from denying an application or disciplining a licensee on the basis of an
individual’s conduct to the extent that such conduct violated the Podiatry Act,
regardless of whether the individual was convicted of a crime for such conduct
or whether the crime for which the individual was convicted is listed as one of
the disqualifying criminal convictions listed in the subsection.
(5) In connection with an application for
licensure, the board shall not use, distribute, disseminate, or admit into evidence
at an adjudicatory proceeding criminal records of any of the following:
(a) an arrest not followed by a valid
conviction;
(b) a conviction that has been sealed,
dismissed, expunged or pardoned;
(c) a juvenile adjudication; or
(d) a conviction for any crime other than
the disqualifying criminal convictions listed in this subsection.
[16.21.11.10 NMAC -
Rp, 16.21.11.10 NMAC 5/3/2019, A, 04/23/2022]