TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
17 OSTEOPATHIC MEDICINE
PART 2 APPLICATION
FOR LICENSURE, QUALIFICATIONS AND FEES
16.17.2.1 ISSUING AGENCY:
Regulation and Licensing Department, New Mexico Board
of Osteopathic Medicine.
[16.17.2.1
NMAC - Rp, 6-11-2018]
16.17.2.2 SCOPE:
This part applies to all osteopathic physicians and physician assistants
applying for licensure.
[16.17.2.2
NMAC - Rp, 6-11-2018]
16.17.2.3 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, 61-10-6, 61-10-6.1, 61-10-12,
61-10-15.1 NMSA 1978 and Sections 12-12A-1 through 12-12A-13 NMSA 1978.
[16.17.2.3
NMAC - Rp, 6-11-2018]
16.17.2.4 DURATION:
Permanent.
[16.17.2.4
NMAC - Rp, 6-11-2018]
16.17.2.5 EFFECTIVE DATE:
June 11, 2018, unless a later date is cited at the end of a section.
[16.17.2.5
NMAC - Rp, 6-11-2018]
16.17.2.6 OBJECTIVE: To establish the qualifications and procedures
and outline the documents and information necessary to complete the application
process for licensure, and to establish fees to
generate revenue adequate to fund the cost for the board’s administration and
carry out the duties promulgated thereunto.
[16.17.2.6
NMAC - Rp, 6-11-2018]
16.17.2.7 DEFINITIONS: Categories of licenses.
Individuals holding one of the following categories of medical license
are eligible to practice medicine and surgery in New Mexico.
A. Osteopathic medical: An
unrestricted license to practice osteopathic medicine and surgery.
B. Telemedicine: A limited medical license that allows an
osteopathic physician located outside New Mexico to practice osteopathic
medicine on patients located in New Mexico.
C. Post-graduate: A
limited training license issued by the board to osteopathic physicians who are
enrolled in an AOA or ACGME or AACOM approved training program.
D. Temporary: A
limited license that allows a osteopathic physician to practice osteopathic
medicine for a limited time up to three months from the date of issuance that
meets certain specific conditions in accordance with Osteopathic Medicine Act,
Section 61-10-7 NMSA 1978.
E. Federal emergency: An
unrestricted license to practice osteopathic medicine and surgery issued
without receipt of all documentation required for an osteopathic medical
license because of a major disaster.
[16.17.2.7
NMAC - Rp, 6-11-2018]
16.17.2.8 FEES:
All fees are non-refundable
A. Initial
application for licensure:
(1) Osteopathic
physician $400.00
(2) Post
graduate osteopathic physician $50.00
(3) Osteopathic
physician assistants $150.00
(4) Telemedicine
$100.00
(5) Temporary,
teaching, research, specialized diagnostic and treatment $100.00
(6) Federal
emergency $ 0.00
B. Renewal
application fee for licensure:
(1) Triennial
for osteopathic physician $600.00
(2) Biennial
for osteopathic physician assistant $150.00
(3) Biennial
for osteopathic physicians supervising pharmacist clinicians $100.00
C. Late
Fees:
(1) Osteopathic
physician renewal between July 2nd & September 29th the year of the renewal $200.00
(2) Osteopathic
physician renewal after September 29th the year of the renewal $400.00
(3) Osteopathic
physician assistant renewal after July 1st the year of the biennial renewal
$25.00
(4) Reinstatement
of osteopathic physician license $500.00
(5) Reinstatement
of osteopathic physician assistant license $500.00
(6) Osteopathic
physicians supervising pharmacist clinician renewal after July 1st the year of
the renewal $25.00
D. Miscellaneous
Fees:
(1) Verification
of license $25.00
(2) Change
of supervising physician fee for physicians supervising pharmacist clinicians $25.00
(3) List
of licensees $55.00
(4) Duplicate license $25.00
(5) Copy
fee per page
$0.25
(6) Osteopathic
physician on inactive status $75.00
(7) Osteopathic
physician assistant license on inactive status $75.00
(8) Registration
of an osteopathic physician assistant with a new supervising osteopathic
physician $25.00
[16.17.2.8
NMAC - N, 6-11-2018]
16.17.2.9 APPLICATION
FOR LICENSURE:
A. Application: An applicant for
licensure under the Osteopathic Medicine Act shall submit a completed and
signed application on forms provided by the board with the appropriate fee. The
applicant must have graduated from a board approved school of osteopathic
medicine and must successfully pass all levels of the COMLEX or USMLE licensing
examination or its predecessor, passing the final level of the examination
within seven years of having passed the first level.
The applicant
shall attach or make provisions for the following documents to be provided to
the board office:
(1) official
college transcript from a school of osteopathic medicine accredited by COCA and
recognized by the AOA sent by the school directly to the board;
(2) certification
of dean of osteopathic school with school seal affixed;
(3) certification
of two years of post-graduate training; otherwise, if previously licensed by
this or another state before July 1, 2016 one year of post-graduate training;
(4) two letters
of reference from physicians who have known the applicant in a professional and
personal capacity for at least one year;
(5) a
passport-type photograph two inches by two inches, taken within the preceding
six months attached to the application;
(6) copies of
medical diploma; and residency certificate, or certificate of attendance of
residency program.
(7) if licensed
in another state, a certificate of good standing from the state board sent
directly to the board office;
(8) primary
verification from the AOA and the federation of state medical boards of the
United States;
(9) NBOE, COMLEX, USMLE or COMVEX scores
must be sent directly to the board.
(10) applicants who are not United States citizens must provide
proof that they are in compliance with the immigration laws of the United
States.
B. Interview: After fulfilling all
application requirements, any applicant for licensure with prior, current, or
pending disciplinary action, must appear before the board, at the next
scheduled meeting, for an interview with the board members or provide the board
with a criminal background check from the department of public safety.
[16.17.2.9
NMAC - Rp, 16.17.2.8 NMAC, 6-11-2018]
16.17.2.10 QUALIFICATIONS FOR LICENSURE:
A. Each applicant for a license to
practice as an osteopathic physician in New Mexico must possess the following
qualifications:
(1) graduated and received a diploma from a college of
osteopathic medicine and surgery accredited by the American osteopathic
association or commission on osteopathic college accreditation;
(2) successfully passed the examination defined in Paragraph (2)
of Subsection A of Section 61-10-6 NMSA 1978.
(3) completed two years of an AOA or ACGME accredited
postgraduate training program or be
approved by the board, in accordance with the provisions of, Section 61-10-6
NMSA 1978;
(4) shall be of the age of majority;
(5) shall be of good moral character;
(6) shall not have been convicted of a felony;
(7) shall not have committed or been engaged in any
of the activities listed in, Section 61-10-15 NMSA 1978;
(8) shall submit an application and examination fee
as determined by the board pursuant to Section 61-10-6.1 NMSA 1978;
(9) 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
(10) 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 COMVEX
or specialty re-certification.
[16.17.2.10
NMAC - N, 6-11-2018]
16.17.2.11 EXAMINATION: In determining the fitness of an
applicant for licensure by examination, the board adopts the following
examinations: FLEX (federation of state
medical boards of the United States) or the NBOE (national board of examiners
of osteopathic physicians and surgeons) or COMLEX (comprehensive osteopathic
medical licensing examination) or the USLME (United States medical licensing
examination.) Each applicant must
register with the national board of osteopathic medical examiners or the national
board of medical examiners to take the exam at the most convenient testing site
available. The board will not administer
any of the aforementioned exams.
A. FLEX
(1) Each
applicant must earn a passing score of seventy-five percent or higher on each
of the two components of the exam. The board will not accept overall or average
scores. The board will accept passing component scores obtained at a single
administration or at separate administrations of the exam.
(2) If
an applicant fails either component of the FLEX examination he must repeat only
the component failed. Upon failing one or both components, the applicant may
repeat the component failed at the next administration of the exam. If the
applicant fails a second examination, he must wait one year before taking the
examination for a third time. If the applicant fails a third time, the
applicant must acquire one additional year of AOA approved postgraduate
training before being examined a fourth time.
(3) Both
components of the FLEX examination must be passed within seven years of taking
the initial examination.
B. NBOE - Each applicant must
earn a passing score of seventy-five percent or higher on each of the three
components of the examination.
C. COMLEX - Each applicant must
earn a minimum total passing score or higher on each level of this examination.
D. USMLE - Each applicant must
earn a minimum total passing score or higher on each level of this examination.
[16.17.2.11
NMAC - N, 6-11-2018]
16.17.2.12 LICENSURE
BY ENDORSEMENT: Applicants for licensure by endorsement shall
meet all requirements as set forth in Section 61-10-12 NMSA 1978. Additionally, the state of the applicant’s
primary license shall have requirements equal to or greater than the
requirements of licensure in New Mexico.
A. Prerequisites for licensure. Each applicant for a license to practice
as an osteopathic physician in New Mexico by endorsement must be of good moral
character, hold a full and unrestricted license to practice medicine in another
country, state, territory or province and possess the following qualifications:
(1) be free
of disciplinary history, license restrictions, or pending investigations in all
jurisdictions where a medical license is or has been held; and
(2) current
certification from a medical specialty board recognized by the American
osteopathic association bureau of osteopathic specialists (AOA-BOS).
B. Required documentation for all
applicants. Each
applicant for a license must submit the required fees as specified in 16.17.2.8
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 be received directly from the other state board(s), and must attest to the
status, issue date, license number, and other information requested and
contained on the form;
(3) two
recommendation letters 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;
this information will be provided by a board-approved credentials verification
service for applicants using that service, or directly to the New Mexico board
of osteopathic medicine for applicants using the osteopathic physician profile
report;
(4) verification
of all work experience and hospital affiliations in the last five years, if
applicable, not to include postgraduate training; this information will be
provided by a board-approved credentials verification service for applicants
using that service, or directly to the New Mexico board of osteopathic medicine
for applicants using the osteopathic physician profile report;
(5) a copy of all AOA-BOS specialty
board certifications, if applicable; this information will be provided by a
board-approved credentials verification service for applicants using that
service, or directly to the New Mexico board of osteopathic medicine for
applicants using the osteopathic physician profile report; and
(6) the
board may request that applicants be investigated by the biographical section
of the American osteopathic association, the drug enforcement administration,
the federation of state medical boards, the national practitioner data bank,
and other sources as may be deemed appropriate by the board;
(7) applicants who are not U.S. citizens must provide proof that
they are in compliance with the immigration laws of the United States.
[16.17.2.12
NMAC - N, 6-11-2018]
16.17.2.13 TEMPORARY LICENSE AND INTIAL LICENSURE:
The board will approve licenses during regular meetings only. In the interim
between regular meetings, the board may issue a temporary license to applicants
who have complied with all application requirements. 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. Temporary licenses shall only be
valid until the next regular board meeting at which time the license will be
ratified by the board. Initial licenses shall be valid for no more than 35 months and be
renewed, on or before
July 1 of the third year after first-time licensure
[16.17.2.13
NMAC - N, 6-11-2018]
16.17.2.14 TELEMEDICINE LICENSE:
A. Prerequisites
for licensure. Each applicant for a telemedicine license must be of good moral
character and hold a full and unrestricted license to practice medicine in
another state or territory of the United States.
B. Required
documentation. Each applicant for a telemedicine license must submit the
required fees as specified in 16.17.2.8 NMAC and the following documentation
(1) A completed signed application,
with a passport quality photo taken within six months. Applications are valid
for one year from the date of receipt.
(2) Verification of licensure in all
states where the applicant holds or has held a license to practice medicine, or
other health care profession. Verification must be received directly from the
other state(s) board, and must attest to the status, issue date, license
number, and other information requested and contained on the form.
(3) Applicants who have had previous
disciplinary or other action against them may be required to meet with the
entire board. The board may, in its discretion, issue a license to practice
medicine across state lines if it finds that the previous disciplinary or other
action does not indicate that the physician is a potential threat to the
public.
C. Licensure
process. Upon receipt of a completed application, including all required
documentation and fees, board staff will request and review an AOA physician
profile and federation of state medical board’s action databank search. When the application is complete a member or
agent of the board will review and may approve the application. A personal interview is not required unless
there is a discrepancy in the application that cannot be resolved.
D. Initial
license expiration. Telemedicine licenses shall be renewed on July 1 following
the date of issue. Initial licenses are valid for a period of not more than 13
months or less than one month
[16.17.2.14
NMAC - N, 6-11-2018]
16.17.2.15 POSTGRADUATE TRAINING LICENSE: A postgraduate training license is required
for all interns, residents, and fellows enrolled in board approved training
programs within the state.
A. Prerequisites
for licensure. Each applicant for a postgraduate training license must possess
the following qualifications:
(1) graduated from a college of
osteopathic medicine accredited by the American osteopathic association;
(2) passed
step 1 and 2 of USMLE or COMLEX-USA; and
(3) be of
good moral character.
B. Required
documentation. Each applicant shall submit the required fee as specified in
16.17.2.8 NMAC, a copy of the official examination results, and a completed
application.
C. Licensure
process. Upon receipt of a completed signed application and fee, a member or
agent of the board will review the application and may approve the license. 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.
D. License
expiration. Postgraduate training licenses are valid for no longer than one
year, but may be renewed for a period not to exceed eight years or completion
of the residency, whichever is shorter, and as long as the license holder is
enrolled in a board approved training program. Postgraduate training licenses
may be renewed prior to expiration.
[16.17.2.15
NMAC - N, 6-11-2018]
16.17.2.16 TEMPORARY TEACHING, RESEARCH, AND
SPECIALIZED DIAGNOSTIC AND
TREATMENT
LICENSES: The
secretary-treasurer or board designee may issue a temporary license to
physicians licensed in other states or jurisdictions for the purpose of
teaching, conducting research, performing specialized diagnostic and treatment
procedures, implementing new technology, or for physician educational purposes
in New
Mexico on a temporary basis under the
supervision of a New Mexico licensed physician. The following provisions apply:
A. Prerequisites
for licensure. The applicant must:
(1) be otherwise qualified to practice medicine in New Mexico;
(2) hold
an unrestricted license in another state or country;
(3) submit the name of the sponsoring or associating
physician(s), who must be actively licensed in New Mexico.
B. Required
documentation:
(1) specific program or protocol of work planned;
(2) address
of sponsoring institution or organization where the work will be performed;
(3) an affidavit from the sponsoring physician attesting to the
qualifications of the applicant and the purpose of the functions or medical
procedures the applicant will perform;
(4) verification of licensure in state or jurisdiction where
physician is practicing; and
(5) a license fee as set forth in 16.17.2.8 NMAC.
C. Licensure process: Upon receipt of a completed signed application,
including all required documentation and fees, board staff will request and
review an AOA physician profile and federation of state medical boards action databank search. When the application is
complete, a member or agent of the board will review and may approve the
application. A personal interview is not required unless there is a discrepancy
in the application that cannot be resolved or if there are any actions or
restrictions on any license held in another state or jurisdiction.
D. The
applicant may perform only those functions listed in the application. The
supervising physician must notify the board and obtain approval prior to any
change in the activities of the temporary license holder.
E. The
duration of a temporary teaching, research, or specialized diagnostic and
treatment license shall not exceed three months, provided however that the
license may be renewed up to three times upon payment of appropriate fees and
written justification for the plan remaining in effect. After the third renewal
of a temporary license the physician shall re-apply under the provisions of
this rule.
[16.17.2.16
NMAC - N, 6-11-2018]
16.17.2.17 YOUTH CAMP OR SCHOOL LICENSES: The secretary-treasurer or board designee
may approve a temporary license for physicians to provide temporary medical
services to organized youth camps or schools. Youth camp or school licenses are
issued for a period not to exceed three months. Practice under the temporary
license shall be limited to enrollees, leaders and employees of the camp or
school. Applicants must be qualified for licensure in New Mexico and shall
submit the following documentation:
A. completed
signed application with a passport-quality photograph, taken within the
previous six months, attached;
B. verification
of current unrestricted license from state or jurisdiction where applicant is
currently practicing or licensed;
C. verification
of D.E.A. permit; and,
D. a
temporary license fee as set forth in 16.17.2.8 NMAC.
E. Licensure process. Upon receipt of a completed application,
including all required documentation and fees, board staff will request and
review an AOA physician profile and federation of state medical board’s board
action databank search. When the application is complete, a member or agent of
the board will review and may approve the application. A personal interview is
not required unless there is a discrepancy in the application that cannot be
resolved or if there are any actions or restrictions on any license held in
another state or jurisdiction.
F. a youth camp or school license
will not be valid for more than a period of six months.
[16.17.2.17
NMAC - N, 6-11-2018]
16.17.2.18 PROVISIONS FOR PHYSICIAN LICENSURE
DURING A DECLARED DISASTER: The
board will make accommodations for physicians who have been impacted by a major
disaster. Based on the nature of the disaster, the extent of the damage, and
the number of individuals and institutions that have been affected, the board
may waive documentation requirements for any new or pending applications when
the disaster delays or prohibits the procuring of the required documents. The
board may also waive any required fees for applications submitted after the
major disaster. The board will determine the length of time the emergency
provisions will be in effect for each major disaster that results in
applications for a federal emergency license.
A. Federal emergency license by
examination.
Physicians currently licensed in a state in which a major disaster has been
declared may be issued a federal emergency license in New Mexico. The board may
waive specific documentation required in 16.17.2.9 NMAC if the applicant is
unable to obtain the documentation from individuals or institutions located in
the disaster area. Nothing in this provision shall constitute a waiver of the
requirements for licensure contained in Subsection A of 16.17.2.9 NMAC.
B. Federal emergency license by
endorsement.
Physicians currently licensed in a state in which a major disaster has been
issued a federal emergency license in New Mexico. The board may waive specific
requirements of 16.17.2.9 NMAC if the applicant is unable to obtain the
documentation from individuals or institutions located in the disaster area.
Nothing in this provision shall constitute a waiver of the requirements for
licensure contained in Subsection A of 16.17.2.9 NMAC. The following
requirements will apply to applicants under this provision:
(1) a
completed signed application, is required, accompanied by proof of identity,
which may include a copy of a driver’s license, passport or other photo
identification issued by a governmental entity;
(2) the board will consider the required three years of practice
experience to be met through any combination of postgraduate medical education
and actual work experience;
(3) the board may waive any requirements for recommendation
forms or verification of work experience forms;
(4) other required verification will be obtained online by board
staff to include: current licensure status, national practitioners data bank,
federation of state medical board disciplinary database, AOA records of
education and postgraduate training, and the records of the bureau of
osteopathic specialties to confirm board certification status.
C. License expiration. Initial federal emergency licenses shall
be valid for not less than three months or more than 15 months. Licenses shall
be renewed on July 1 following the date of issue pursuant to 16.17.4.8 NMAC.
The board reserves the right to request additional documentation, including but
not limited to recommendation forms and work experience verification forms
prior to approving license renewal. At the time a federal emergency license is
approved for renewal it will be transferred to a full osteopathic medical
license subject to all applicable fees.
[16.17.2.18
NMAC - N, 6-11-2018]
HISTORY
OF 16.17.2 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the state records center and archives:
BOSE
69-1, Practice Guide for Osteopathic Physicians and Surgeons in New Mexico,
filed 06-05-1969.
Rule 2,
Application for Licensure, filed 12-07-1988.
History
of Repealed Material: Rule 2, Application for
Licensure (filed 12-07-1988) repealed 10-29-2004.
16.17.2
NMAC, Application for Licensure, repealed effective 6-11-2018
Other
History:
Rule 2,
Application for Licensure (filed 12-07-1988) replaced by 16.17.2 NMAC,
Application for Licensure, effective 10-29-2004.