New Mexico Register / Volume
XXXIV, Issue 1 / January 18, 2023
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 21 PODIATRISTS
PART 4 EXPEDITED
LICENSE BY RECIPROCITY
16.21.4.1 ISSUING AGENCY:
Regulation and Licensing Department, Board of Podiatry.
[16.21.4.1 NMAC -
Rp, 16.21.4.1 NMAC 1/18/2023]
16.21.4.2 SCOPE: The
provisions in Part 4 of Chapter 21 apply to all applicants for expedited
licensure by reciprocity.
[16.21.4.2 NMAC -
Rp, 16.21.4.2 NMAC 1/18/2023]
16.21.4.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Podiatry Act, Sections 61-8-1 to 61-8-17
NMSA 1978.
[16.21.4.3 NMAC -
Rp, 16.21.4.3 NMAC 1/18/2023]
16.21.4.4 DURATION:
Permanent.
[16.21.4.4 NMAC -
Rp, 16.21.4.4 NMAC 1/18/2023]
16.21.4.5 EFFECTIVE DATE: January
18, 2023, unless a later date is cited at the end of a section.
[16.21.4.5 NMAC -
Rp, 16.21.4.5 NMAC 1/18/2023]
16.21.4.6 OBJECTIVE: The
objective of Part 4 is to promote, preserve and protect the public health, safety and welfare by regulating and setting professional
standards for applicants for expedited licensure by reciprocity.
[16.21.4.6 NMAC -
Rp, 16.21.4.6 NMAC 1/18/2023]
16.21.4.7 DEFINITIONS:
A. “Eligible
jurisdiction” means:
(1) any
state or territory of the United States except those included in the list of
disapproved licensing jurisdictions in of 16.21.4.8 NMAC; and
(2) any
foreign country included in16.21.4.9 NMAC.
B. “Expedited
license by reciprocity” means a provisional license that confers the same
rights, privileges and responsibilities as a regular license issued by the
board.
C. “Good standing” means a license or
registration is active and not expired, suspended, revoked, surrendered,
conditioned, or otherwise in a status that in any manner restricts the activity
of a licensee or registrant under the authority of the license.
D. “Jurisdiction”
has the same meaning as defined in Subsection
F of Section 61-1-2 NMSA 1978.
E. “Licensing Fee” has the same
meaning as defined in Paragraph (1) of Subsection E of Section 61-1-34 NMSA
1978.
F. “Military service member” has the
same meaning as defined in Paragraph (2) of Subsection E of Section 61-1-34
NMSA 1978.
G. “Qualified applicant” means an
applicant who:
(1) holds
a current license in good standing in another jurisdiction, provided that an
applicant who is not a military service member or veteran must hold a current
license in good standing in an eligible jurisdiction;
(2) does
not have a disqualifying criminal conviction, as defined in the board’s rules;
and
(3) is
not subject to pending disciplinary action in New Mexico.
H. “Veteran” has the same meaning as
defined in Paragraph (3) of Subsection E of 61-1-34 NMSA 1978.
[16.21.4.7
NMAC - Rp, 16.21.4.7 NMAC 1/18/2023]
16.21.4.8 LIST OF DISAPPROVED LICENSING
JURISDICTIONS; REASONS. Applicants licensed
in the following states and territories of the United States shall not be
eligible for expedited licensure by reciprocity under Section 61-8-9 NMSA 1978
of the Podiatry Act:
A. American Samoa,
on the grounds that the board cannot determine the education or examination
requirements in this jurisdiction;
B. Guam, on the
grounds that this jurisdiction does not require licensees to pass any
examination;
C. Kentucky and
Pennsylvania, on the grounds that these jurisdictions do not require licensees
to complete a residency program;
D. Minnesota, New
Jersey, and Puerto Rico, on the grounds that these jurisdictions do not require
licensees to pass Part III of the NBPME AMPLE exam considered by New Mexico to
be an integral portion of the national examinations to determine competency to
practice podiatry;
E. Montana, North Carolina and North Dakota, on the grounds that the
boards cannot determine sufficiency of residency requirements in these
jurisdictions; and
F. Virgin Islands,
on the grounds that the board cannot determine the examination requirements in
this jurisdiction.
[16.21.4.8 NMAC -
Rp, 16.21.4.8 NMAC, 1/18/2023]
16.21.4.9 LIST OF APPROVED FOREIGN
JURISDICTIONS. Applicants licensed in the
following foreign countries outside of the United States may be eligible for expedited
licensure under Section 61-8-9 NMSA 1978 of the Podiatry Act:
A. Spain; and
B. Canada.
[16.21.4.9 NMAC -
Rp, 16.21.4.9 NMAC, 1/18/2023]
16.21.4.10 EXPEDITED LICENSURE APPLICATION:
A. A candidate for expedited licensure by reciprocity
under Section 61-1-31.1 NMSA 1978 of the Uniform Licensing Act must submit to
the board a complete application containing all the following:
(1) a completed and signed application
form;
(2) proof of current licensure in an
eligible jurisdiction as defined in these rules;
(3) certificate of good standing for
the license held by the applicant in an eligible jurisdiction;
(4) official transcripts from the
school of podiatric medicine or college, to be sent directly to the board
office from the accredited program;
(5) certificate or letter from residence
director verifying completion of residence program approved by the CPME;
(6) proof of active practice for the
five consecutive years immediately preceding the date of application (such
proof may include a letter from an accountant, the professional society, tax
forms, or other documentation approved by the board);
(7) payment of the required application
fee.
B. An expedited license application
shall not be deemed complete until the applicant has submitted, and the board’s
staff is in receipt of, all of the materials required
by 16.21.4.10 NMAC, including documentation from third parties.
C. Upon receipt of a complete
application, the board’s staff shall process the application and issue the
expedited license to a qualified applicant within 30 days.
D. If the applicant has a
disqualifying criminal conviction or the board may have other cause to deny the
application pursuant to Section 61-8-11 NMSA 1978:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting;
(2) the license may not be issued within
30 days of submission of the complete application; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
[16.21.4.10 NMAC -
Rp, 16.21.4.10 NMAC, 1/18/2023]
16.21.4.11 EXPEDITED LICENSURE APPLICATION FOR
MILITARY SERVICE MEMBERS AND VETERANS:
A. A candidate for expedited licensure
by reciprocity under Section 61-1-34 NMSA 1978 must submit to the board a
complete application containing all of the following:
(1) a completed and signed application
form;
(2) proof of current license in another
jurisdiction;
(3) certificate of good standing for
the license held by the applicant in another jurisdiction, including a branch
of the United States armed forces;
(4) submission of the following
documentation:
(a) for military service member: a
copy of military orders;
(b) for spouse of military service
members: copy of military service member’s military orders, and copy of
marriage license;
(c) for spouses of deceased military
service members: copy of decedent’s DD 214 and copy of marriage license;
(d) for dependent children of military
service members: a copy of military service member’s orders listing dependent
child, or a copy of military orders and one of the following; a copy of birth
certificate, military service member’s federal tax return or other governmental
or judicial documentation establishing dependency;
(e) for veterans (retired or separated): proof
of honorable discharge such as a copy of DD 214, DD 215, DD 256, DD 257, NGB
Form 22, Military ID card, a driver’s license or state ID card with a veterans
designation, or other documentation as provided by a governmental entity
verifying an honorable discharge.
B. An expedited license application
shall not be deemed complete until the applicant has submitted, and the board’s
staff is in receipt of all of the materials required by 16.21.4.20 NMAC,
including documentation from third parties.
C. Upon receipt of a complete
application, the board’s staff shall process the application and issue the
expedited license to a qualified applicant within 30 days.
D. If the applicant has a disqualifying
criminal conviction or the board may have other cause to deny the application
pursuant to Section 61-8-11 NMSA 1978:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting;
(2) the license may not be issued within
30 days of submission of the complete application; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
E. A military
service member or veteran who is issued an expedited license shall not be
charged a licensing fee for the first three years of licensure with the board.
[16.21.4.11 NMAC -
Rp, 16.21.4.11 NMAC, 1/18/2023]
16.21.4.12 EXPEDITED
LICENSE DURATION AND RENEWAL:
A. An
expedited license shall be valid for the same length of time as a regular
license issued by the board and must be renewed on or before January 1 of each
year, as provided by 16.21.7.8 and 16.21.7.9 NMAC.
B. A licensee
holding an expedited license may apply for license renewal in the manner
provided by the board’s rules, provided that, upon renewal, if the licensee
holding an expedited license was not required by the licensee’s original
jurisdiction outside of New Mexico to pass the NBPME examinations part 1, 2,
and 3, the licensee shall be required to do so as a prerequisite to license
renewal.
C. Upon renewal,
the board shall issue a regular license to a licensee holding an expedited
license issued pursuant to these rules.
[16.21.4.12 NMAC - N,
1/18/2023]
HISTORY of
16.21.4 NMAC:
Pre-NMAC History:
The material in this
part was derived from that previously filed with the commission of public
records - state records center and archives:
Rule III, Licensure
by Reciprocity, filed 7/21/1980;
Rule III, Licensure
by Reciprocity, filed 8/18/1989.
History of the
Repealed Material:
16 NMAC 21.4,
Podiatry - Application for License by Reciprocity, repealed 10/15/2004.
16.21.4 NMAC,
Podiatrists - License by Reciprocity filed 9/15/2004, Repealed effective
5/3/2019.
16.21.4 NMAC,
Podiatrists - License by Reciprocity filed 4/3/2019, Repealed effective
1/18/2023.
Other History:
Rule III, Licensure
by Reciprocity (filed 8/18/1989) was renumbered, reformatted and replaced by 16
NMAC 21.4, Podiatry - Application for License by Reciprocity, effective 7/1/1996.
16 NMAC 21.4,
Podiatry - Application for License by Reciprocity (filed 6/17/1996) was
replaced by 16.21.4 NMAC, License by Reciprocity, effective 10/15/2004.
16.21.4 NMAC, Podiatrists - License by Reciprocity filed
9/15/2004 was replaced by 16.21.4 NMAC, Podiatrists License by Reciprocity effective 5/3/2019.
16.21.4 NMAC,
Podiatrists - License by Reciprocity filed 4/3/2019, Replaced by 16.21.4 NMAC,
Podiatrists - Expedited License by Reciprocity effective 1/18/2023.