New
Mexico Register / Volume XXXV, Issue 5 / March 12, 2024
This is an amendment to 16.10.2 NMAC,
Sections 7, 8, 9 and 10 effective 3/12/2024.
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. “ABMS” means the American
board of medical specialties.
C. “AOA” means the American
osteopathic association.
D. “AOA-BOS” means the American
osteopathic association bureau of osteopathic specialists.
E. “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 accredited by
the American osteopathic association or commission on osteopathic
accreditation, or has been approved by the board. Foreign medical graduates that are vetted and
approved for a board approved training program and hold an ECFMG certification
are considered to have graduated from an acceptable medical education, as if
they have graduated from a board approved school.
F. “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.
G. “Board approved credential verification
service” means a credential verification service certified by the national
commission on quality assurance (NCQA) and approved by the board.
H. “Complete application” means an application for
licensure that includes all required documentation in 16.10.2 NMAC and subject
to the provisions of Section 61-6-11 NMSA 1978 and Section 61-1-3.5 NMSA
1978.
I. “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.
J. “ECFMG” means educational commission for foreign
medical students.
K. “FCVS”
means the federation credential verification service of the federation of state
medical boards.
L. “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.
M. “HSC” means the
hospital services corporation, a New Mexico corporation, and a credential
verification organization certified by the national commission on quality
assurance (NCQA).
N. “License renewal” means the renewal of an active
license with the required documentation and the submission by the licensee to a
state and national background check, as determined by the board.
O. “Major disaster” means a declaration of
a major disaster by the federal emergency management agency (FEMA).
P. “Military service member” means a
person who is:
(1) serving in the armed forces of the
United States as an active duty member, or in an active reserve component of
the armed forces of the United States, including the national guard;
(2) the spouse of a person who is serving
in the armed forces of the United States or in an active reserve component of
the armed forces of the United States, including the national guard, or a
surviving spouse of a member who at the time of the member’s death was serving
on active duty; or
(3) the child of a military service
member if the child is also a dependent of that person for federal income tax
purposes.
Q. “Nationwide criminal
history record” information concerning a person’s arrests, indictments, or
other formal criminal charges and any dispositions arising therefrom, 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.
R. “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.
S. “Out of state sports team” means an entity or organization:
(1) for which athletes engage in sporting
events;
(2) headquartered or organized under laws
other than the laws of New Mexico; and
(3) a majority of
whose staff and athletes are residents of another state.
T. “Physician” means allopathic doctor (MD) or doctor of
osteopathy (DO).
U. “Qualified applicant” means an applicant for
licensure who satisfies the requirements and standards for licensure
established by the board.
V. “Sporting event” means a scheduled sporting event
involving an out of state sports team for which an admission fee is charged to
the public, including any preparation or practice related to the activity.
W. “Telemedicine” means the practice of
medicine across state lines as defined in the Medical Practice Act, Subsection
K of Section 61-6-6 NMSA 1978.
X. “Veteran” means a person who received an honorable
discharge or separation from military service.
[16.10.2.7 NMAC -
Rp/E, 16 10.2.7 NMAC 7/7/2023; A, 3/12/2024]
16.10.2.8 CATEGORIES
OF ACTIVE LICENSES: Individuals
holding one of the following categories of medical license are eligible to
practice medicine and surgery in New Mexico.
A. Expedited license: a one-year
provisional license that confers the same rights, privileges and
responsibilities as a medical license issued by the board as defined in
Section 61-6-13 NMSA.
B. Medical: An unrestricted license to practice medicine
and surgery.
C. Telemedicine: A limited medical license that allows a
physician located outside New Mexico to practice medicine on patients located
in New Mexico.
D. Post-graduate: A limited training license issued by the
board to physicians who are enrolled in a board approved training program.
E. Public service: A limited license issued by the board to
physicians in training who have successfully completed one year of
post-graduate training.
F. Temporary: A limited license that allows a physician to
practice medicine for a limited time after meeting certain specific conditions.
G. Federal emergency: An unrestricted license to practice medicine
and surgery issued without receipt of all documentation required for a medical
license because of a major disaster.
[16.10.2.8 NMAC -
Rp/E, 16 10.2.8 NMAC 7/7/2023 A, 3/12/2024]
16.10.2.9 MEDICAL
LICENSE BY EXAMINATION:
A. Prerequisites for licensure: Each applicant for a license to practice as a
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 a full ECFMG certification, 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 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 physicians, chiefs of staff, department chairs, or equivalent.
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 NMAC 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; and
(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 24
months or more than 35 months and shall be renewed on July 1.
[16.10.2.9 NMAC -
Rp/E, 16 10.2.9 NMAC 7/7/2023 A, 3/12/2024]
16.10.2.10 EXPEDITED
LICENSURE:
A. Prerequisites for expedited
licensure: Each applicant for a
license to practice as a physician in New Mexico 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 that has been verified as including all
required documentation 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 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 physician(s) 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(s), chief(s) of staff, department chair(s) or
equivalent(s). 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
more than one work experience and hospital affiliation, provide at least three
verifications of all work and hospital affiliations during the past 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 NPDB, and other sources as may be deemed
appropriate by the board. The board
shall require fingerprints and, in its discretion, a state and national
background check.
[(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.
Initial licenses are valid for a period of not more than 24 months or less than
one 12 months. If New Mexico is the
first state of licensure, initial licenses are valid for a period of not less
than 24 months or more than 35 months and shall be renewed on July 1.
E. Continuous practice:
For at least three years prior to the submission of a completed
application for an expedited license, the applicant shall explain any break in
practice or service. Any break in
service for the three years preceding the application, exceeding 30 days, shall
be stated and explained in the application to the
satisfaction of the board.
F. Competency examination: An applicant for an expedited license may, at
the discretion of the Board, be required to undergo a competency examination
before the issuance of an expedited license.]
D. Expedited license expiration: Expedited licenses shall be valid for no
more than 12 months from the date of issuance.
[G] E. Procedure for incomplete application. If an incomplete application for an
expedited license is
received, the board shall
notify the applicant in writing within 30 days from the date the incomplete
application was received by the board.
The written notification shall include how the application is incomplete
and what is needed to complete the application; this written notification shall
be titled “notice to cure.” After
receipt of the notice to cure, the applicant must submit a completed
application within 30 days of the receipt of the notice to cure. An extension may be granted, at the board’s
discretion and based on good cause, for submission beyond 30 days after receipt
of the notice to cure.
[16.10.2.10 NMAC -
Rp/E, 16 10.2.10 NMAC 7/7/2023 A, 3/12/2024]