TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 17 OSTEOPATHIC MEDICINE

PART 1 GENERAL PROVISIONS

16.17.1.1 ISSUING AGENCY: Regulation and Licensing Department - New Mexico Board of Osteopathic Medicine.

[16.17.1.1 NMAC - Rp, 6-11-2018]

16.17.1.2 SCOPE: All licensed osteopathic physicians.

[16.17.1.2 NMAC - Rp, 6-11-2018]

16.17.1.3 STATUTORY AUTHORITY: These rules of practice and procedure govern the practice of osteopathic medicine in New Mexico and are promulgated pursuant to and in accordance with the Osteopathic Medicine Act, Sections 61-10-5 NMSA 1978.

[16.17.1.3 NMAC - Rp, 6-11-2018]

16.17.1.4 DURATION: Permanent.

[16.17.1.4 NMAC - Rp, 6-11-2018]

16.17.1.5 EFFECTIVE DATE: June 11, 2018, unless a later date is cited at the end of a section.

[16.17.1.5 NMAC - Rp, 6-11-2018]

16.17.1.6 OBJECTIVE: To provide definitions and general information.

[16.17.1.6 NMAC - Rp, 6-11-2018]

16.17.1.7 DEFINITIONS:

A. “AACOM” means American association of colleges of osteopathic medicine.

B. “AAFP” means American academy of family physicians.

C. “AAPS” means American association of physician specialists.

D. “ACCME” means accreditation council for continuing medical education.

E. “ACGME” means accreditation council for graduate medical education.

F. “AMA” means the American medical association.

G. “AOA” means the American osteopathic association.

H. “Board approved school” means a college of osteopathic medicine accredited by the American osteopathic association.

I. “Board approved training program” means a program accredited by the American osteopathic association bureau of osteopathic specialists (AOA-BOS), or accrediting council on graduate medical education (ACGME).

J. “Board approved credential verification service” means a credential verification service certified by the national commission on quality assurance (NCQA) and approved by the board.

K. “CCME” means council on continuing medical education of the AOA.

L. “COCA” means commission on osteopathic college accreditation.

M. “COMLEX” means comprehensive osteopathic medical licensing examination.

N. “COMVEX” means comprehensive osteopathic medical variable-purpose examination.

O. “HSC” means the hospital services corporation, a credential verification organization certified by the national commission on quality assurance (NCQA).

P. “Major disaster declaration” means the declaration of a disaster by the federal emergency management agency (FEMA) that may provide for emergency licensure.

Q. “NBOE” means national board osteopathic examination.

R. “Osteopathic physician profile report” means the credentialing verification service of the American osteopathic association.

S. “SPEX” means special purpose examination.

T. “Telemedicine” means the practice of medicine across state lines using electronic communications, information technology or other means between a licensed osteopathic physician out of state and a patient in New Mexico. Telemedicine involves the application of secure videoconferencing or store and forward technology to provide or support healthcare delivery by replicating the traditional interaction of the in-person encounters between a provider and a patient.

U. “USMLE” means the United States medical licensing examination sponsored by the federation of state medical boards and the national board of medical examiners.

[16.17.1.7 NMAC - Rp, 6-11-2018]

16.17.1.8 PUBLIC RECORDS:

A. Inspection. Any person may examine public records in the board’s custody. The board shall provide copies of public records upon request and may charge a reasonable copying fee. No person shall remove board documents from the board office.

B. Non-public records. Pursuant to Section 61-10-5.1 NMSA 1978, any report regarding actual or potential disciplinary action, including a complaint, shall be confidential communication and is not a public record for purposes of the Inspection of Public Records Act.

C. Public records are available on the board’s website and may include any of the following:

(1) demographic information: name, self-identified gender, business address and business telephone;

(2) professional information: license, name of medical school, date of graduation, self-reported specialties, continuing education courses, board certification(s); and

(3) licensing information: number, current status, date of initial licensure, last renewal date, expiration date, and if applicable, disciplinary actions, including any settlements.

[16.17.1.8 NMAC - Rp, 6-11-2018]

16.17.1.9 INFORMATION SHARING: Any and all information in the board files regarding actual or potential disciplinary actions is confidential but shall be disclosed as necessary to law enforcement agencies, and the national database clearinghouse and other licensing boards, as required to carry out the duties of the board.

[16.17.1.9 NMAC - N, 6-11-2018]

16.17.1.10 BOARD ELECTION OF OFFICERS:

A. The board chair, vice chair, and secretary-treasurer are elected annually at the second quarterly meeting.

B. The terms of office of the board officers shall run from July 1st of the year of the election through June 30th of the subsequent year.

[16.17.1.10 NMAC - N, 6-11-2018]

16.17.1.11 TELEPHONIC APPEARANCE AT BOARD MEETINGS: Pursuant to Subsection C of Section 10-15-1 NMSA 1978 of the Open Meetings Act, a board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment only when it is otherwise difficult or impossible for the board member to attend the meeting in person, provided:

A. each member participating by conference telephone can be identified when speaking;

B. all participants are able to hear each other at the same time; and

C. members of the public attending the meeting are able to hear any board member who speaks during the meeting.

[16.17.1.11 NMAC - N, 6-11-2018]

16.17.1.12 CHANGE OF ADDRESS:

A. It is the responsibility of the licensee to provide the board with a current email and mailing address. Any correspondence from the board office will be emailed to the licensee’s email address of record. The board assumes no responsibility for failure by the licensee to receive renewal notification or any other correspondence because of a wrong email address.

B. Every licensee must notify the board office of all addresses for current practices. Any change of address or email for a practice must be reported within 30 days of the change to the board office in writing; notification by U.S. mail, email or facsimile is acceptable.

[16.17.1.12 NMAC - Rp, 16.17.1.9, 6-11-2018]

HISTORY OF 16.17.1 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives under:

BOSE 69-1, Practice Guide For Osteopathic Physicians and Surgeons in New Mexico, filed 06-05-69;

Rule 1, Qualifications For Licensure, filed 12-07-88;

Rule 9, Change of Address, filed 12-07-88;

Rule 12, Osteopathic Fees, filed 09-22-89.

History of Repealed Material:

Rule 1, Qualifications For Licensure (filed 12-07-88); Rule 9, Change of Address (filed 12-07-88); Rule 12, Osteopathic Fees (filed 09-22-89) all repealed 10-29-2004.

16.17.1 NMAC, General Provisions, filed 10-29-2004, repealed effective 6-11-2018.

Other History:

Rule 1, Qualifications for Licensure (filed 12-07-1988); Rule 9, Change of Address (filed 12-07-1988); and Rule 12, Osteopathic Fees (filed 9-22-1989) all replaced by 16.17.1 NMAC, General Provisions, effective 10-29-2004.