New Mexico Register / Volume XXXIV, Issue 24 / December 19,
2023
NOTICE OF PUBLIC
RULE HEARING
Public
Notice. The New Mexico
Medical Board (NMMB) gives notice that it will conduct a public rule hearing on
February 2, 2024 at 9:00 AM (MDT). This rule hearing is in person and can be
accessed virtually. The purpose of the
public hearing is to receive public input on the proposed amendments to 16.10.2
NMAC - Physicians: Physicians Licensure
Requirements; and the transfer of 16.21.1 NMAC through 16.21.12 NMAC -
Podiatric Physician Rules, from Regulation and Licensing Department to the New
Mexico Medical Board. Physical Hearing
Location is 2055 South Pacheco Street, Bldg. 400, Santa Fe, NM 87505.
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Meeting ID: 831
4010 2469
Passcode: 947330
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Purpose.
During the 2023 Legislative Session HB384
passed and was signed by Governor Lujan Grisham on April 3, 2023. HB384 enacted new sections and revisions to
the Medical Practice Act to provide for an expedited one-year provisional
license that confers the same rights, privileges and responsibilities as a
regular license issued by the Board. Additionally, HB384 authorizes the Board to
determine those states and territories of the United States and the District of
Columbia from which it will not accept an applicant for expedited licensure and
shall determine any foreign countries from which it will accept an applicant
for expedited licensure.
Additionally,
during the 2023 Legislative Session HB83 passed and was signed by Governor
Lujan Grisham on April 5, 2023. HB83
transferred the Podiatry Board from Regulation and Licensing Department to the
New Mexico Medical Board.
The
revisions and additions to the Medical Practice Act and the Uniform Licensing
Act requires promulgation of rules to implement the provisions set forth in
HB384 and HB83.
The
statutory authorization. Medical Practice
Act Sections 61-6-1 through 61-6-35 NMSA 1978.
No
technical information serves as a basis for this proposed rule change.
Public
comment. Interested parties
may provide comment on the proposed amendments of this state rule at the public
hearing or may submit written comments to Amanda Quintana, New Mexico Medical
Board, 2055 South Pacheco Street, Bldg. 400, Santa Fe, NM 87505, or by electronic mail to AmandaL.Quintana@state.nm.us. All written comments must be received no
later than 3:00 p.m. (MDT) on January 31, 2024. All written comments will be posted to the
agency website within (3) three business days.
Copies
of proposed rule. Copies of the
proposed rules may be accessed through the New Mexico Medical Board’s website
at www.nmmb.state.nm.us or may be obtained from the Board office by calling (505)
476-7220 or via email at AmandaL.Quintana@state.nm.us.
Individuals
with disabilities who require the above information in an alternative format,
or who need any form of auxiliary aid to attend or participate in the public
hearing are asked to contact Amanda Quintana at (505) 476-7230 or via email at AmandaL.Quintana@state.nm.us. The New Mexico Medical Board requires at
least ten (10) calendar days advance notice to provide any special
accommodations requested.
Summary
of proposed changes. The Board
summarizes its proposed changes to its administrative rules as follows:
16.10.2
NMAC - Physicians: Licensure
Requirements
As
a general summary, the proposed changes to 16.10.2 NMAC are to:
·
Define
a Complete Application;
·
Define
License Renewal;
·
Change
the definition of a “Military Service Member”;
·
Add
expedited license to Categories of Active Licenses;
·
Change
“Medical License by Endorsement” to “Expedited Licensure”;
·
Remove
the application requirement to receive proof of citizenship;
·
Add
the meaning of “continuous practice”;
·
Add
the provision that the Board has discretion to require that an applicant for an
expedited license take a competency examination;
·
Add
the procedure for an “incomplete” application;
·
Under
Criminal Arrests and Convictions include that the Board shall not exclude an
otherwise qualified applicant on the sole basis that the person has been
previously arrested or convicted of a crime unless the person has a
disqualifying criminal conviction;
16.21.1 NMAC though
16.21.12 – Podiatric Licensure Rules
As a general summary,
the entirety of the podiatric licensure rules will be transferred to the New
Mexico Medical Board for regulation of podiatric physicians in New Mexico. Other changes to the rules include changing
the title
of podiatrist to podiatric physician; create a podiatry advisory committee;
change reciprocity requirements and change licensure renewal periods from one
year to two years.