TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 21 PodiatrISTS
PART 1 GENERAL
PROVISIONS
16.21.1.1 ISSUING AGENCY:
Regulation and Licensing Department, Board of Podiatry.
[16.21.1.1 NMAC - Rp,
16.21.1.1 NMAC 5/3/2019]
16.21.1.2 SCOPE: The
provisions in 16.21.1 NMAC apply to all parts of Chapter 21 and provide
information for applicants, licensed podiatrists, board members, and members of
the public.
[16.21.1.2 NMAC -
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16.21.1.3 STATUTORY
AUTHORITY: Podiatry Act, Subsection E of Section 61-8-6
NMSA 1978.
[16.21.1.3 NMAC -
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16.21.1.4 DURATION:
Permanent.
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16.21.1.5 EFFECTIVE DATE: May
3, 2019, unless a later date is cited at the end of a section.
[16.21.1.5 NMAC -
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16.21.1.6 OBJECTIVE: This
part provides general provisions for the practice of podiatry, licensee
responsibility, and requirements for the conduct of board business.
[16.21.1.6 NMAC -
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16.21.1.7 DEFINITIONS:
A. “APMLE” means American
podiatric medical licensing examination.
B. “Board” means board of podiatry.
C. “CPME” means the
council on podiatric medical education.
D. “NBPME” means the national board of
podiatric medical examiners.
[16.21.1.7 NMAC -
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16.21.1.8 SCOPE OF PRACTICE:
A. For the purpose
of clarification of the Podiatry Act, Subsection C of Section 61-8-2 NMSA 1978,
the practice of podiatry:
(1) in
regard to surgical treatment shall include the skin and subcutaneous tissues of
the thigh and all structures distal to the knee.
(2) does
include amputation of any portion of the foot;
(3) does
allow the use of the services of a certified registered nurse anesthetist; and
(4) a
licensed podiatrist may assist a licensed medical or osteopathic physician in
the performance of any surgery of the lower extremities.
B. A podiatric
physician shall be recognized and permitted to supervise and administer
hyperbaric oxygen following the published recommendations of the undersea and
hyperbaric medical society, inc. “UHMS” and within the credentials and bylaws
of the facility that operates the hyperbaric unit with the following stipulation;
prior to administering hyperbaric oxygen, a podiatric physician must have on
file with the New Mexico board of podiatry, documentation certifying compliance
with the above requirements.
[16.21.1.8 NMAC -
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16.21.1.9 LICENSE DISPLAY: A
valid license must be displayed and must be visible to the public in each place
of business.
[16.21.1.9 NMAC -
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16.21.1.10 RESPONSIBILITY OF LICENSEE: It is
the responsibility of the licensed podiatrist to keep the board informed of a
current mailing address within 30 days of changes. All correspondence, including renewal forms,
will be mailed to the last address on file.
The board assumes no responsibility for renewal applications or other
correspondence not received because of a change of mailing address or email address.
[16.21.1.10 NMAC -
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16.21.1.11 SEVERABILITY: The
provisions of these regulations are severable.
If any parts of these regulations are held invalid, the remaining provisions
shall remain in force and effect.
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16.21.1.12 TELEPHONIC ATTENDANCE BY BOARD
MEMBERS:
A. Pursuant to the
provisions of the Open Meetings Act, Subsection C of Section 10-15-1 NMSA 1978,
board members may participate in a board meeting by means of a conference
telephone or similar communications equipment, and participation by such means
shall constitute presence in person at the meeting. Such participation by telephone may only occur
when it is difficult or impossible for the member to attend in person.
B. Each board
member participating by conference telephone must be identified when speaking
and all participants must be able to hear each other at the same time, and
members of the public attending the meeting must be able to hear any member of
the public or board members participating by phone.
[16.21.1.12 NMAC -
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16.21.1.13 CONDUCT OF BOARD BUSINESS:
A. Officers. The board shall elect a chairperson,
vice-chair, and secretary at the first regularly scheduled meeting in each
calendar year.
B. Excused
absences. A board member may
be excused from a board meeting at the discretion of the board
chairperson. The member shall notify the
board chairperson and board administrator prior to meeting with an explanation
of why they will be unable to attend.
All other unattended meetings will be unexcused absences. After three consecutive unexcused absences,
the member shall be recommended for removal as a board member pursuant to the
Podiatry Act, Subsection D of Section 61-8-5 NMSA 1978.
C. Quorum. Three board members shall constitute a
quorum.
D. Notice
of meetings. Regular
meetings, special meetings and emergency meetings shall be noticed in
accordance with the provisions of the board’s open meetings resolution.
[16.21.1.13 NMAC -
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16.21.1.14 ADVERTISING GUIDELINES:
A. All
advertisements shall include the podiatrist’s name or medical group name,
address and telephone number consistent with the Health Care Advertising Act,
Section 57-27-1 NMSA 1978.
B. Specialty
practice: A podiatrist may only
advertise a specialty practice if they qualify under one of the following
provisions:
(1) the
licensee is board certified or board eligible by a recognized certifying board;
if an abbreviation of the certifying board is used then the name of the
certifying board must be included in the advertisement;
(2) the
licensee is a fellow or an associate of a specialty organization which admits
fellows and associates on the basis of an examination; if an abbreviation of
the certifying board is used then the name of the certifying board must be
included in the advertisement.
[16.21.1.16 NMAC -
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16.21.1.15 [RESERVED]
16.21.1.16 [RESERVED]
HISTORY of
16.21.1 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 I, Conduct of
Board Business, filed 7/21/1980;
Rule IX, Scope of
Practice, filed 7/21/1980;
Rule XI, Advertising
by Licensees, filed 7/21/1980;
Rule XII, Inspection
of Board Records, filed 11/29/1990;
Rule XIV,
Severability, filed 11/29/1990.
History of
Repealed Material: Rule I, Conduct of Board Business (filed 7/21/1980);
Rule IX, Scope of Practice (filed 7/21/1980); Rule XI, Advertising by Licensees
(filed 7/21/1980); Rule XII, Inspection of Board Records (filed 11/29/1990);
and Rule XIV, Severability, (filed 11/29/1990), repealed 10/15/2004.
16.21.1 NMAC,
Podiatrists - General Provisions filed 9/15/2004, Repealed effective 5/3/2019.
Other History:
Rule I, Conduct of
Board Business (filed 7/21/1980); Rule IX, Scope of Practice (filed 7/21/1980);
Rule XI, Advertising by Licensees (filed 7/21/1980); Rule XII, Inspection of
Board Records (filed 11/29/1990); and Rule XIV, Severability, (filed 11/29/1990)
all replaced by 16.21.1 NMAC, effective 10/15/2004.
16.21.1 NMAC,
Podiatrists - General Provisions filed 9/15/2004 was replaced by 16.21.1 NMAC,
Podiatrists - General Provisions effective 5/3/2019.