34th Annual Balloon Fiesta Medical Symposium

 

Balloon Fiesta Symposium Come join NMOMA on Thursday, October 9th through Sunday, October 12th for our 34th Annual Balloon Fiesta Medical Symposium, hosted in Albuquerque, NM. This symposium offers educational sessions and South Western experiences that will both educate and culturalize medical professionals.

This symposium will be held at the Hotel Andaluz located in Albuquerque, NM at:

FREE VALET PARKING

125 Second Street NW

Albuquerque, NM 87102

Reservations: 1.877.987.9090

or click on link http://www.hotelandaluz.com/

To Register for this event click either "Register Now" buttons: Please make sure you use your credit card billing address and zip code.  This program anticipates being approved for 25 AOA Category 1-A CME credit pending approval by the AOA CCME.

Please press the "Register Now" button or call NMOMA staff and ask for a Registration Form at (505) 332-2146 and fax it back to 505-214-5293

Registration Includes:

  • All Educational Sessions for which you registered
  • AM Break

The symposium Registration begins Thursday MORNING from 8:00 A.M. to noon. Education begins on Thursday, October 9, 2014 at 1:00 pm and ending Sunday, October 12th, 2014 at 12:15 p.m. Registration is on the second floor in the Valencia Room beginning at 8:00 a.m. on Thursday, October 9th, 2014.

 

 

 

 
Statute Changes

§ 61-10-1. Definition. (Repealed effective July 1, 2016.)

Osteopathic medicine and surgery as used in Sections 61-10-1 through 61-10-21 NMSA 1978 is the name of that complete system or school of medicine and surgery governed by this act.

 

§ 61-10-2. Criminal offender’s character evaluation. (Repealed effective July 1, 2016.)

The provisions of the Criminal Offender Employment Act [ 28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by Sections 61-10-1 through 61-10-21 NMSA 1978.

 

§ 61-10-3. License. (Repealed effective July 1, 2016.)

It shall be unlawful for any person to practice as an osteopathic physician in this state without a license so to do, issued by the board of osteopathic medical examiners; provided that any license or certificate heretofore issued under the laws of this state, authorizing its holder to practice osteopathic medicine, shall in no wise be affected by the provisions of this act.

 

§ 61-10-4. Other schools not affected. (Repealed effective July 1, 2016.)

This act shall in no way affect the practice of allopathy, homeopathy, eclectic and chiropractic by those duly licensed to practice allopathy, homeopathy, eclectic or chiropractic under the laws of this state.

 

§ 61-10-5.1. Board of Osteopathic Medical eExaminers; appointment; terms; meetings.; membership; examinations. (Repealed effective July 1, 2016.)

 

A. There is created theboard of osteopathic medical examiners². The board shall be administratively attached to the regulation and licensing department. The board consists of five members appointed by the governor; three members shall be regularly licensed osteopathic physicians in good standing in New Mexico, who have been so engaged for a period of at least two years immediately prior to their appointment and who are possessed of all the qualifications for applicants for licensure specified in Section 61-10-8 NMSA 1978, and two shall represent the public. The public members of the board shall not have been licensed as osteopathic physicianshave , nor shall the public members have any significant financial interest, direct or indirect, in the occupation regulated.

B. Board members’ terms shall be for five years. The vacancy of the term of a member shall be filled by appointment by the governor to the unexpired portion of the five-year term. A board member whose term has expired shall serve until his successor is appointed.

C. The board shall meet during the first quarter of the fiscal year and shall elect officers for the ensuing fiscal year. The board may hold other meetings as it deems necessary. A majority of the board constitutes a quorum.

D. The board shall have and use a common seal and is authorized to make and adopt all necessary rules and regulations relating to the enforcement of the provisions of Chapter 61, Article 10 NMSA 1978.

E. Examinations shall be made at least twice a year at the time and place fixed by the board. All applicants shall be given written notice of examinations at a reasonable prior date.

F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [ 10-8-1 NMSA 1978], but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.

G. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board.

A.  There is created the "board of osteopathic medical examiners". The board shall be administratively attached to the regulation and licensing department. The board consists of five seven members appointed by the governor; three four members shall be regularly licensed osteopathic physicians in good standing in New Mexico, who have been so engaged for a period of at least two years immediately prior to their appointment and who are possessed of all the qualifications for applicants for licensure specified in Section 61-10-8 NMSA 1978, and two members shall represent the public. The public members of the board shall be residents of New Mexico, shall not have been licensed as osteopathic physicians, nor shall the public members have any significant financial interest, direct or indirect, in the occupation regulated. One member shall be a licenced physician assistant.

B.  The governor shall appoint osteopathic physician members from a list of names submitted to the governor by the New Mexico osteopathic medical societyassociation or its authorized governing body or council. The list shall contain five names of qualified osteopathic physicians for each osteopathic physician member to be appointed. Public member and physician assistant member vacancies shall be filled in the same manner.

C.  Members shall be appointed to four-year terms, staggered so that not more than three terms expire in a year. All board members shall hold office until their successors are appointed and qualified.

D.  A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board unless excused from attendance by the board for good cause shown.

§ 61-10-5.2 Meetings of the Board; Quorum

A.  The board shall hold four regular meetings every fiscal year.

B.  During the second quarter of each year, the board shall hold its annual meeting during which it shall elect officers.

C.  In addition to the regular meetings, the board may hold special meetings at the call of the president after written notice to all members of the board or at the written or electronic request of any two members.

D.  A majority of the members of the board shall constitute a quorum and shall be capable of conducting any board business. The vote of a majority of a quorum shall prevail, even though the vote may not represent an actual majority of all the board members.

61-10-5.3 Election; duties of officers; reimbursement of board members.

A.  At its annual meeting, the board shall elect a chair, a vice chair and a secretary-treasurer.

B.  The chair shall preside over the meetings and affairs of the board.

C.  The vice chair shall perform such duties as may be assigned by the chair and shall serve as chair due to the absence or incompetence of the chair.

D.  The secretary-treasurer shall:

(1)  review applications for licensure and interview applicants to determine eligibility for licensure;

(2)  issue temporary licenses pursuant to Section 61-10-7 NMSA 1978;

(3)  serve on committees related to board activities that require osteopathic physician participation;

(4)  serve as a consultant on medical practice issues when a board action is not required; and

(5)  perform any other functions assigned by the board or by the chair.

E.  The secretary-treasurer may be compensated at the discretion of the board.

F.  Board members shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 NMSA 1978] and shall receive no other compensation, perquisite or allowance, except that the secretary-treasurer may be additionally compensated as provided in Subsection E of this section and board members may be additionally compensated in accordance with Subsection G of this section.

G.  Board members or agents performing interviews of applicants may be compensated at the board's discretion.

61-10-5.4

The board shall:

A.  enforce and administer the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978]

B.  adopt, publish and file, in accordance with the Uniform Licensing Act [61-1-1 NMSA 1978] and the State Rules Act [14-4-1 NMSA 1978], all rules for the implementation and enforcement of the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978];

C.  adopt and use a seal;

D.  administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;

E.  take testimony on matters within the board's jurisdiction;

F.  keep an accurate record of all its meetings, receipts and disbursements;

G.  maintain records in which the name, address and license number of all licensees shall be recorded, together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines;

H.  grant, deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act [61-1-1 NMSA 1978] for any cause stated in the Osteopathic Medical Practice Act [61-10-1 NMSA 1978]

I.  hire staff and administrators as necessary to carry out the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978]

J.  have the authority to hire or contract with investigators to investigate possible violations of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978];

K.  have the authority to hire a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the medical profession and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board;

L.  establish continuing medical education requirements for licensed osteopathic physicians;

M.  establish committees as it deems necessary for carrying on its business;

N.  hire or contract with a licensed osteopathic physician to serve as medical director and fulfill specified duties of the secretary-treasurer;

O.  establish and maintain rules related to the management of pain based on review of national standards for pain management; and

P.  have the authority to waive licensure fees for the purpose of medical doctor recruitment and retention.

§ 61-10-6. Applicants; requirements. Licensure. (Repealed effective July 1, 2016.)

 

Each applicant for a license to practice as provided in Chapter 61, Article 10 NMSA 1978 shall comply with the following requirements:

A. make application for examination on blank forms prepared and furnished by the board;

B. submit evidence verified on oath and satisfactory to the board that the applicant has reached the age of majority, is of good moral character and is a graduate of a college of osteopathic medicine and surgery ac-credited by the American oOsteopathic Aassociation (AOA)all three levels of the COMLEX-USA ; and

C. pay appropriate fees as provided in Section 61-10-6.1 NMSA 1978.

A.  The board may consider for licensure a person who is of good moral character, is a graduate of a school of osteopathic medicine and surgery accredited by the American Osteopathic Association (AOA), has passed all three levels of the COMLEX-USA (or its predecessor examination) and has completed at least one year of an AOA accredited internship program. And completed at least two years of post-graduate training program.

B.  An applicant who has not completed one year of an AOA accredited internship program, but who otherwise meets all other licensing requirements, may present evidence to the board of the applicant's other professional experience for consideration by the board in lieu of the approved postgraduate training program. The board shall, in its sole discretion, determine if the professional experience is substantially equivalent to the required approved postgraduate training program.

C.  All applicants for licensure may be required to appear personally before the board or a designated agent for an interview.

D.  An applicant for licensure by examination shall not be granted a license if the applicant has taken the examination in two or more levels and has failed to successfully pass the final level within seven years of the date that the first level was passed.

E.  Every applicant for licensure under this section shall pay the fees required by Section 61-10-6.2 NMSA 1978.

F.  The board may require fingerprints and other information necessary for a state and national criminal background check.

§61-10-6.1 Telemedicine license

A. The board shall issue a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States. The board shall establish by rule the requirements for licensure; provided the requirements shall not be more restrictive than those required by licensure without examination.

B. A telemedicine license shall be issued for a period not to exceed three years and may be renewed upon application, payment of fees as provided in Section 61-10-6.1 NMSA 1978 and compliance with other requirements established by rule of the board.


§ 61-10-6.12. Fees. (Repealed effective July 1, 2016.)

 

The board may charge the following fees:

A. an examination fee equal to the cost of purchasing the examination plus an administration fee not to exceed fifty percent of the examination fee;

B. an application fee not to exceed five hundred dollars ($ 500) for licensure by examination;

C. an application fee not to exceed five hundred dollars ($ 500) for licensure pursuant to Section 61-10-12 NMSA 1978;

D. an annual a triennial renewal fee not to exceed two hundred dollars ($ 200); four hundred fifty dollars ($450)

E. a fee of twenty-five dollars ($25.00) for placing an osteopathic physician’s license on inactive status;

E.F. an interim license fee not to exceed two hundred dollars ($ 200);

F.G. a late fee not to exceed two hundred dollars ($ 200) for applicants who fail to register their licenses on or before July 1 of each year;

H. a late fee not to exceed two hundred dollars ($200) for osteopathic physicians who renew their licenses between forty-six and ninety days after the required renewal date;

G.I. a reinstatement fee not to exceed five hundred dollars ($ 500) for reinstatement of a revoked, suspended or inactive license;

H.J. a reasonable administrative fee for verification of license, publications and copying charges; and

K.  a reasonable publication fee for the purchase of a publication containing the names of all practitioners licensed under the Osteopathic Medical Practice Act

I.L. an impaired osteopathic physician fee not to exceed one hundred dollars ($ 100) one hundred and fifty dollars ($150) for a three-year period.

M. a temporary license fee not to exceed one hundred dollars ($100);

N. a postgraduate training license fee not to exeed fifty dollars ($50) annually;

O. an application and renewal fee for a telemedicine license not to exceed four hundred dollars ($400);

P. a reasonable administrative fee, not to exceed the current cost of application for a license, that may be charged for reprocessing applications and renewals that include minor but significant errors and that would otherwise be subject to investigation and possible disciplinary action; and

Q. a reasonable fee as established by the department of public safety for nationwide and statewide criminal history screening of applicants and licensees.

All fees are nonrefundable and shall be used by the board to carry out its duties.

§ 61-10-7. Temporary licenses; qualifications. (Repealed effective July 1, 2016.)

Whenever an eligible applicant shall have filed his application and met the requirements of Section 61-10-6 NMSA 1978 and complied with all other requirements of Sections 61-10-1 through 61-10-21 NMSA 1978, in the interim between regular board meetings, the secretary-treasurer of the board is empowered to issue such applicant a temporary license to hold good until the next regular meeting of the board. The following provisions shall apply:



A. the temporary license may be issued upon written application of the applicant, accompanied by proof of qualifications as specified by rule of the board. A temporary license may be granted to allow the applicant to assist in teaching, conducting research, performing specialized diagnostic and treatment procedures, implementing new technology and for osteopathic physician educational purposes. A licensee may engage in only the activities specified on the temporary license, and the temporary license shall identify the licensed osteopathic physician who will supervise the applicant during the time the applicant practices medicine in New Mexico. The supervising licensed osteopathic physician shall submit an affidavit attesting to the qualifications of the applicant and activities the applicant will perform; and

B. the temporary license shall be issued for a period not to exceed three months from date of issuance and may be renewed upon application and payment of fees as provided in Section 61-10-6.1 NMSA 1978.


§ 61-10-8. Professional education. (Repealed effective July 1, 2016.)

 

To be considered for licensure to practice as an osteopathic physician and surgeon the applicant shall:

A. be a graduate of a college of osteopathic medicine and surgery accredited by the American osteopathic association; and

B. have completed an two years of American osteopathic association or Accreditation council on graduate medical education approved postgraduate one-year residency program or rotating internship program.

§ 61-10-9. Repealed

 

§ 61-10-10. Examination. (Repealed effective July 1, 2016.)

Each applicant shall have successfully completed COMLEX-USA Level 1, Level 2 CE, Level PE and Level 3 or its predecessor examination.

The examination of those who desire to practice under this act shall embrace those general subjects and topics including:

1. anatomy                          8. therapeutics

2. chemistry                        9. surgery

3. physiology                      10. gynecology

4. pathology                       11. obstetrics

5. preventive medicine             12. medical jurisprudence

6. diagnosis                       13. practice of osteopathic

7. toxicology                        medicine; and

a knowledge of which is commonly and generally required of candidates for the degree of doctor of osteopathic medicine by a standard osteopathic college in the United States.

 

§ 61-10-11. License issued. (Repealed effective July 1, 2016.)

 

Each applicant who successfully passes the examination shall be entitled to a license which carries with it the title doctor of osteopathic medicine and osteopathic physician with right to practice as taught and practiced in the standard colleges of osteopathic medicine and surgery.

 

§ 61-10-12. License without examination by endorsement. (Repealed effective July 1, 2016.)

The board may in its discretion issue a license without examination by endorsement to an osteopathic physician who: has been licensed in any country, state, territory or province and who is a graduate of a standard college of osteopathic medicine upon the following conditions:

Athat the applicant is of good moral character; has graduated from an college of osteopathic medicine accredited by the AOA;

B. that the requirements to practice in the country, state, territory or province in which the applicant is already licensed be equal to those of this state; and is board certified in a specialty recognized by the AOA Board of Osteopathic Specialties or the American board of medical specialties.

C. that the applicant shall be required to pay the fee designated for such license in Section 61-10-6 NMSA 1978.

The board may also in its discretion issue a license without examination to an osteopathic physician who is a graduate of a standard college of osteopathic medicine and who has passed an examination for admission into the medical corps of the United States army, United States navy or United States public health service. Has been a licensed osteopathic physician in the United States and has practiced medicine in the United States immediately preceding the application for at least three years;

D. Holds an unrestricted license in another state; and

E. was not the subjected of a disciplinary action in a state.

The applicant shall be required to pay the fee designated for such license in Section 61-10-6 NMSA 1978. The board may also in its discretion issue a license without examination to an osteopathic physician who is a graduate of a standard college of osteopathic medicine accredited by the AOA and has passed an examination for admission into the medical corps of the United States aArmy, United States nNavy, or United States Ppublic Hhealth Sservice.

The board may require fingerprints and other information necessary for a state and national criminal background check.

§ 61-10-12.1 Organized youth camp or school temporary licenses and temporary licenses for out-of-state osteopathic physicians

A. The secretary-treasurer of the board or the board's designee may, either by examination or endorsement, approve a temporary license to practice medicine and surgery to an applicant qualified to practice medicine and surgery in this state who will be temporarily in attendance at an organized youth camp or school, provided that:

(1) the practice shall be confined to enrollees, leaders and employees of the camp or school;

(2) the temporary license shall be issued for a period not to exceed three months from date of issuance; and

(3) the temporary license may be issued upon written application of the applicant, accompanied by such proof of the qualifications of the applicant as specified by board rule.

B. The secretary-treasurer of the board or the board's designee may approve a temporary license to practice medicine and surgery under the supervision of a licensed osteopathic physician to an applicant who is licensed to practice medicine in another state, territory of the United States or another country and who is qualified to practice medicine and surgery in this state. The following provisions shall apply:

(1) the temporary license may be issued upon written application of the applicant, accompanied by proof of qualifications as specified by rule of the board. A temporary license may be granted to allow the applicant to assist in teaching, conducting research, performing specialized diagnostic and treatment procedures, implementing new technology and for osteopathic physician educational purposes. A licensee may engage in only the activities specified on the temporary license, and the temporary license shall identify the licensed osteopathic physician who will supervise the applicant during the time the applicant practices medicine in New Mexico. The supervising licensed osteopathic physician shall submit an affidavit attesting to the qualifications of the applicant and activities the applicant will perform; and

(2) the temporary license shall be issued for a period not to exceed three months from date of issuance and may be renewed upon application and payment of fees as provided in Section 61-10-6.2 NMSA 1978.

C. The application for a temporary license under this section shall be accompanied by a license fee as provided in Section 61-10-6.2 NMSA 1978.

 

§ 61-10-13. Display of licenses and renewal thereof. (Repealed effective July 1, 2016.)

 

Every person holding a license authorizing him to practice osteopathic medicine in this state shall display the license and certificate of annual triennial renewal in his principal office practice location.

 

§ 61-10-14. Privileges and obligations; presence on hospital staffs; intent of act. (Repealed effective July 1, 2016.)

Osteopathic physicians and surgeons licensed hereunder shall have equal rights, privileges and obligations in the handling of cases and rendering of medical services in all branches and phases of the healing arts as are accorded or permitted physicians and surgeons of other schools of practice; that such general rights shall extend to the rendering of medical services under the provisions of public health, welfare, assistance laws and other fields of public medicine, and no regulations shall be made with respect thereto limiting, excluding or discriminating against osteopathic physicians and surgeons.

Osteopathic physicians and surgeons shall also have the right to register under the laws of the United States governing narcotics. Osteopathic physicians shall observe and be subject to all state and municipal regulations relative to the reporting of births and deaths and all matters pertaining to the public health with equal rights and obligations as physicians and surgeons of other schools of medicine, and such reports shall be accepted by the officers of the departments to which they are made.

 

A. That the rights, benefits and obligations conferred by this act upon licensed osteopathic physicians and surgeons shall not be construed as taking from the governing authorities of all state, county and municipal hospitals, or from any publicly supported hospital either in whole or in part the complete control and management of such hospitals with power to make rules and regulations for the operations of such hospitals and to determine who will be on the staff of such hospitals; nor shall this act be construed as taking from the governing authorities of any hospital or other institution owned, operated or mainttained [maintained] by any religious, industrial or fraternal group or organization the absolute right of complete control and management of such hospitals and institutions.

 

§ 61-10-15. Refusal and revocation of license. (Repealed effective July 1, 2016.)

A. The board of osteopathic medical examiners may refuse to license and may revoke or suspend a license that has been issued by the board or a previous board and may fine, censure or reprimand a licensee upon satisfactory proof being made to the board that the applicant for or holder of the license has been guilty of unprofessional or dishonorable conduct.
B. The board may, in its discretion and for good cause shown, place the licensee on probation on the terms and conditions it deems proper for protection of the public, for the purpose of rehabilitation of the probationer or both. Upon expiration of the term of probation, if a term is set, further proceedings may be abated by the board if the holder of the license furnishes the board with evidence that the licensee is competent to practice, is of good moral character and has complied with the terms of probation.

C. If evidence fails to establish to the satisfaction of the board that the licensee is competent and is of good moral character or if evidence shows that the licensee has not complied with the terms of probation, the board may revoke or suspend the license. If a license to practice in this state is suspended, the holder of the license may not practice during the term of suspension. A person whose license has been revoked or suspended by the board and who thereafter practices or attempts or offers to practice in New Mexico, unless the period of suspension has expired or been modified by the board or the license reinstated, is guilty of a felony and shall be punished as provided in Section 61-10-6.1 NMSA 1978.

D. "Unprofessional or dishonorable conduct", as used in this section, means, but is not limited to because of enumeration, conduct of a licensee that includes the following:

(1) procuring, aiding or abetting a criminal abortion;

(2) employing a person to solicit patients for the licensee;

(3) representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;

(4) obtaining a fee by fraud or misrepresentation;

(5) willfully or negligently divulging a professional confidence;

(6) conviction of an offense punishable by incarceration in a state penitentiary or federal prison or conviction of a misdemeanor associated with the practice of the licensee. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence;

(7) habitual or excessive use of intoxicants or drugs;

(8) fraud or misrepresentation in applying for or procuring a license to practice in this state or in connection with applying for or procuring renewal, including cheating on or attempting to subvert the licensing examinations;

(9) making false or misleading statements regarding the skill of the licensee or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of a disease or other condition of the human body or mind;

(10) impersonating another licensee, permitting or allowing a person to use the license of the licensee or practicing as a licensee under a false or assumed name;

(11) aiding or abetting the practice of a person not licensed by the board;

(12) gross negligence in the practice of a licensee;

(13) manifest incapacity or incompetence to practice as a licensee;

(14) discipline imposed on a licensee by another state, including denial, probation, suspension or revocation, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence;

(15) the use of a false, fraudulent or deceptive statement in a document connected with the practice of a licensee;

(16) fee splitting;

(17) the prescribing, administering or dispensing of narcotic, stimulant or hypnotic drugs for other than accepted therapeutic purposes;

(18) conduct likely to deceive, defraud or harm the public;

(19) repeated similar negligent acts;

(20) employing abusive billing practices;

(21) failure to report to the board any adverse action taken against the licensee by:

(a) another licensing jurisdiction;

(b) a peer review body;

(c) a health care entity;

(d) a professional or medical society or association;

(e) a governmental agency;

(f) a law enforcement agency; or

(g) a court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;

(22) failure to report to the board surrender of a license or other authorization to practice in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society following, in lieu of and while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;

(23) failure to furnish the board, its investigators or representatives with information requested by the board;

(24) abandonment of patients;

(25) being found mentally incompetent or insane by a court of competent jurisdiction;

(26) injudicious prescribing, administering or dispensing of a drug or medicine;

(27) failure to adequately supervise, as provided by board rule, a medical or surgical assistant or technician or professional licensee who renders health care;

(28) sexual contact with a patient or person who has authority to make medical decisions for a patient, other than the spouse of the licensee;

(29) conduct unbecoming in a person licensed to practice or detrimental to the best interests of the public;

(30) the surrender of a license or withdrawal of an application for a license before another state licensing board while an investigation or disciplinary action is pending before that board for acts or conduct similar to acts or conduct that would constitute grounds for action pursuant to this section;

(31) sexual contact with a former mental health patient of the licensee, other than the spouse of the licensee, within one year from the end of treatment;

(32) sexual contact with a patient when the licensee uses or exploits treatment, knowledge, emotions or influence derived from the previous professional relationship;

(33) improper management of medical records, including failure to maintain timely, accurate, legible and complete medical records;

(34) failure to provide pertinent and necessary medical records to an osteopathic physician or patient of the osteopathic physician in a timely manner when legally requested to do so by the patient or by a legally designated representative of the patient;

(35) undertreatment of pain as provided by board rule;

(36) interaction with osteopathic physicians, hospital personnel, patients, family members or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient;

(37) willfully or negligently divulging privileged information or a professional secret.

E. As used in this section, "fee splitting" includes offering, delivering, receiving or accepting any unearned rebate, refunds, commission preference, patronage dividend, discount or other unearned consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients or customers to a person, irrespective of any membership, proprietary interest or co-ownership in or with a person to whom the patients, clients or customers are referred.

F. Licensees whose licenses are in a probationary status shall pay reasonable expenses for maintaining probationary status, including laboratory costs when laboratory testing of biological fluids are included as a condition of probation.

 

The board of osteopathic medical examiners may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

A. conviction of a felony, as shown by a certified copy of the record of the court of conviction;

B. the obtaining of, or an attempt to obtain a license, or practice in the profession for money, or any other thing of value, by fraudulent misrepresentation;

C. gross malpractice;

D. advertising, practicing or attempting to practice under a name other than one's own;

E. advertising by means of knowingly false or deceptive statements;

F. habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; or

G. immoral, dishonorable or unprofessional conduct.

The board may neither refuse to issue nor to renew nor suspend nor revoke any license, however, for any of these causes, unless the person accused has been given at least twenty days' notice in writing of the charge against him and a public hearing by the board of osteopathic medical examiners, with right of review of the board's decision by the district court of the first judicial district by certiorari, on petition of the party against whom the board's decision is rendered.

The board of osteopathic medical examiners shall have the power to compel the attendance of witnesses and the production of relevant books and papers for the investigation of matters that may come before them and the presiding officer of said board may administer the requisite oaths and said board shall have the same authority to compel the giving of testimony as is conferred on courts of justice.

§61-10-15.1 Summary suspension or restriction of license

A.  The board may summarily suspend or restrict a license issued by the board without a hearing, simultaneously with or at any time after the initiation of proceedings for a hearing provided under the Uniform Licensing Act [61-1-1 NMSA 1978], if the board finds that evidence in its possession indicates that the licensee:

(1)  poses a clear and immediate danger to the public health and safety if the licensee continues to practice;

(2)  has been adjudged mentally incompetent by a final order or adjudication by a court of competent jurisdiction; or

(3)  has pled guilty to or been found guilty of any offense related to the practice of medicine or for any violent criminal offense in this state or a substantially equivalent criminal offense in another jurisdiction.

B.  A licensee is not required to comply with a summary action until service has been made or the licensee has actual knowledge of the order, whichever occurs first.

C.  A person whose license is suspended or restricted under this section is entitled to a hearing by the board pursuant to the Uniform Licensing Act [61-1-1 NMSA 1978] within fifteen days from the date the licensee requests a hearing.

§ 61-10-16. Penalties. (Repealed effective July 1, 2016.)

 

Each of the following acts constitutes a misdemeanor punishable upon conviction by a fine of not less than twenty-five dollars ($ 25.00) nor more than two hundred dollars ($ 200):

A. the practice of osteopathic medicine or an attempt to practice osteopathic medicine without a license;

B. the obtaining of, or attempting to obtain a license, or practice in the profession, for money or any other things of value by fraudulent misrepresentation;

C. the making of any wilfully false oath, or affirmation, when an oath or affirmation is required by this act; or

D. advertising, practicing or attempting to practice under a name other than one's own.

 

§ 61-10-18. [No additional powers conferred on prior licensees.] (Repealed effective July 1, 2016.)

 

Nothing herein contained shall be construed as conferring any powers or authority not heretofore vested in osteopathic physicians who hold licenses to practice osteopathy under any pre-existing law or regulation, unless such licenses [licensees] be likewise licensed under the provisions of this act.

 

§ 61-10-19. Annual Triennial renewal of license; certificate; fee. (Repealed effective July 1, 2016.)

A. All persons legally licensed to practice osteopathic medicine and surgery in this state shall, on or before July 1 of each year, submit proof of completion of continuing education requirements as required by the board and pay to the secretary of the board an annual renewal fee as provided in Section 61-10-6.1 NMSA 1978 for the renewal of his license to practice osteopathic medicine and surgery. Upon payment of fees and proof of completion of continuing education requirements, the board shall issue a certificate of annual renewal of license.

B. The secretary of the board shall send a written notice to every person holding a legal certificate to practice osteopathic medicine in this state at least thirty days prior to July 1 of each year, directed to the last known address of licensee, and notify him or her that it will be necessary for him to pay the annual renewal fee. Proper forms shall accompany the notice, and the licensee shall make application for the renewal of his or her certificate on these forms. The fact that a practitioner has not received his or her blank form from the board shall not, however, relieve him or her of the duty to register on or before July 1 nor shall the board's failure to mail the forms operate to exempt him from the penalties provided in Chapter 61, Article 10 NMSA 1978.

 

§ 61-10-20. Postgraduate educational requirements. (Repealed effective July 1, 2016.)

 

For the purpose of protecting the health and well-being of the citizens of this state and for maintaining and continuing informed professional knowledge and awareness, the board shall establish mandatory continuing educational requirements for osteopathic physicians licensed in this state. In establishing such requirements, the board shall recognize and give weight to existing educational methods, procedures, devices and programs in use among the various medical specialties and other recognized medical groups and the consensus of the members of the medical community. This section does not abrogate or affect the status, force or operation of the Uniform Licensing Act [61-1-1 NMSA 1978]. The board shall not establish and enforce such requirements if they will reduce the availability of osteopathic physicians in a community to an extent that adequate medical care is jeopardized.

 

§ 61-10-21. Failure to comply; cancellation of license; reinstatement; temporary cancellation at licensee's request. (Repealed effective July 1, 2016.)

A. In the event any licensee fails to comply with the requirements of Section 61-10-19 NMSA 1978, he shall, upon order of the board of osteopathic medical examiners, forfeit his right to practice osteopathic medicine in this state and his license and certificate shall be canceled; provided, however, that the secretary of the board may reinstate him upon the payment of all fees due and upon the presentation of satisfactory evidence of the attendance at an educational program as provided for in Chapter 61, Article 10 NMSA 1978.

B. It is further provided that any person licensed to practice osteopathic medicine in New Mexico desiring to withdraw from the active practice of his profession in this state shall have the right to apply to the secretary of the board of osteopathic medical examiners for a temporary suspension of his certificate to practice osteopathic medicine in this state, with the right to renew and reinstate his certificate if he so desires, upon a showing that he has paid the appropriate fees on or before July 1 of each year.

 

§ 61-10-22. Termination of agency life; delayed repeal. (Repealed effective July 1, 2016.)

 

The board of osteopathic medical examiners is terminated on July 1, 2015 pursuant to the Sunset Act [12-9-11 NMSA 1978]. The board shall continue to operate according to the provisions of Chapter 61, Article 10 NMSA 1978 until July 1, 2016. Effective July 1, 2016, Chapter 61, Article 10 NMSA 1978 is repealed.

§ 61-10-23. Reporting of settlements and judgments, professional review actions and acceptance of surrendered license; immunity from civil damages; penalty.

A.  All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a medical malpractice action or claim, hospitals, health care entities and professional review bodies shall report to the board all payments relating to malpractice actions or claims arising in New Mexico that involve a licensee and that are paid as a direct result of the licensee's care, all appropriate professional review actions of licensees and the acceptance or surrender of clinical privileges by a licensee while under investigation or in lieu of an investigation. For the purposes of this section, the meaning of these terms shall be as contained in Section 431 of the federal Health Care Quality Improvement Act of 1986, 42 USCA Section 11151.

B.  The hospitals required to report under this section, health care entities or professional review bodies that provide such information in good faith shall not be subject to suit for civil damages as a result of providing the information.

C.  A hospital, health care entity or professional review body failing to comply with the reporting requirements provided in this section shall be subject to civil penalty not to exceed ten thousand dollars ($ 10,000).

§ 61-10-24. Exceptions to act.

The Osteopathic Medical Practice Act [61-10-1 NMSA 1978] shall not apply to or affect:

A.  gratuitous services rendered in cases of emergency;

B.  the domestic administration of family remedies;

C.  the practice of midwifery as regulated in this state;

D.  commissioned medical officers of the armed forces of the United States and medical officers of the United States public health service or the veterans administration of the United States in the discharge of their official duties or within federally controlled facilities; provided that such persons who hold medical licenses in New Mexico shall be subject to the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978] and provided that all such persons shall be fully licensed to practice medicine in one or more jurisdictions of the United States;

E.  the practice of medicine by an osteopathic physician, unlicensed in New Mexico, who performs emergency medical procedures in air or ground transportation on a patient from inside of New Mexico to another state or back, provided the osteopathic physician is duly licensed in that state;

F.  the practice, as defined and limited under their respective licensing laws, of:

(1)  dentistry;

(2)  podiatry;

(3)  nursing;

(4)  optometry;

(5)  psychology;

(6)  chiropractic;

(7)  pharmacy;

(8)  acupuncture and oriental medicine; or

(9)  physical therapy;

G.  an act, task or function of laboratory technicians or technologists, x-ray technicians, nurse practitioners, medical or surgical assistants or other technicians or qualified persons permitted by law or established by custom as part of the duties delegated to them by:

(1)  a licensed osteopathic physician or a hospital, clinic or institution licensed or approved by the public health division of the department of health or an agency of the federal government; or

(2)  a health care program operated or financed by an agency of the state or federal government;

H.  a properly trained medical or surgical assistant or technician or professional licensee performing under the osteopathic physician's employment and direct supervision or a visiting physician or surgeon operating under the osteopathic physician's direct supervision a medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating osteopathic physician, the act can be properly and safely performed in its customary manner and if the person does not hold himself out to the public as being authorized to practice medicine in New Mexico. The delegating osteopathic physician shall remain responsible for the medical acts of the person performing the delegated medical acts;

I.  the practice of the religious tenets of a church in the ministration to the sick or suffering by mental or spiritual means as provided by law; provided that the Osteopathic Medical Practice Act [61-10-1 NMSA 1978] shall not be construed to exempt a person from the operation or enforcement of the sanitary and quarantine laws of the state;

J.  the acts of an osteopathic physician licensed under the laws of another state of the United States who is the treating osteopathic physician of a patient and orders home health or hospice services for a resident of New Mexico to be delivered by a home and community support services agency licensed in this state; provided that a change in the condition of the patient shall be physically reevaluated by the treating osteopathic physician in the treating osteopathic physician's jurisdiction or by a licensed New Mexico osteopathic physician;

K.  an osteopathic physician licensed to practice under the laws of another state who acts as a consultant to a New Mexico-licensed osteopathic physician on an irregular or infrequent basis, as defined by rule of the board; and

L.  an osteopathic physician who engages in the informal practice of medicine across state lines without compensation or expectation of compensation; provided that the practice of medicine across state lines conducted within the parameters of a contractual relationship shall not be considered informal and is subject to licensure and rule by the board.

§ 61-10-25. Medical students; interns; residents. (Repealed effective July 1, 2016.)

A.  Nothing in the Osteopathic Medical Practice Act [61-10-1 NMSA 1978] shall prevent a medical student properly registered or enrolled in a medical college or school in good standing from diagnosing or treating the sick or afflicted, provided that the medical student does not receive compensation for services and such services are rendered under the supervision of the school faculty as part of the student's course of study.

B.  Any intern or resident who is appointed in a board-approved residency training program may pursue such training after obtaining a postgraduate training license from the board. The board may adopt by rule specific education or examination requirements for a postgraduate training license.

C.  Any person serving in the assigned rotations and performing the assigned duties in a board-approved residency training program accredited in New Mexico may do so for an aggregate period not to exceed eight years or completion of the residency, whichever is shorter.

D.  The board may require any applicant for a postgraduate training license required in Subsections B and C of this section to personally appear before the board or a designated member of the board for an interview.

E.  Every applicant for a postgraduate training license under this section shall pay the fees required by Section 61-10-6.2 NMSA 1978.

F.  Postgraduate training licenses shall be renewed annually and shall be effective during each year or part of a year of postgraduate training.

§ 61-10-26. Public service license. (Repealed effective July 1, 2016.)

A.  Applicants for a public service license shall meet all requirements for licensure and shall:

(1)  be enrolled in a board-approved residency training program either in New Mexico or in another jurisdiction;

(2)  obtain written approval from the training program director of the applicant to pursue a public service practice opportunity outside the residency training program; and

(3)  satisfy other reasonable requirements imposed by the board.

B.  An osteopathic physician with one year postdoctoral training may apply for a public service license to practice under the direct supervision of a licensed osteopathic physician or with immediate access to a licensed osteopathic physician by electronic means when the public service osteopathic physician is employed in a medically underserved area.

C.  A public service license shall expire on September 1 of each year and may be renewed by the board.

D.  An applicant for a public service license shall pay the required fees set forth in Section 61-10-6.2 NMSA 1978.

§ 61-10-27. Injunction to prevent practice without a license. (Repealed effective July 1, 2016.)

The attorney general, the prosecuting attorney, the board or any citizen of any county where any person engages in the practice of osteopathic medicine as defined by the laws of New Mexico without possessing a valid license to do so may, in accordance with the laws of the state governing injunctions, maintain an action in the name of the state to enjoin such person from engaging in the practice of osteopathic medicine until a valid license to practice osteopathic medicine is secured from the board. Any person who has been so enjoined who violates the injunction shall be punished for contempt of court. Provided, however, the injunction shall not relieve the person practicing medicine without a valid license from criminal prosecution therefor as provided by law, but such remedy by injunction shall be in addition to any remedy now provided for criminal prosecution of such offender. In charging any person in a petition for injunction or in an information or indictment with a violation of law by practicing medicine without a valid license, it is sufficient to charge that the person did, on a certain day and in a certain county, engage in the practice of medicine without having a valid license without alleging any further or more particular facts.

§ 61-10-28. Investigation; subpoena. (Repealed effective July 1, 2016.)

To investigate a complaint against a licensee, the board may issue investigative subpoenas prior to the issuance of a notice of contemplated action.

§ 61-10-29. Limitations on actions. (Repealed effective July 1, 2016.)

A.  No action that would have any of the effects specified in Sections 61-10-15 and 61-10-15.1 NMSA 1978 may be initiated by the board later than two years after it is brought to the board's attention.

B.  The time limitation contained in Subsection A of this section shall be tolled by any civil or criminal litigation in which the licensee or applicant is a party arising substantially from the same facts, conduct, transaction or transactions that would be the basis of the board's decision.

§ 61-10-30. False statement; penalty. (Repealed effective July 1, 2016.)

Any person making a false statement under oath or a false affidavit shall be guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the Criminal Sentencing Act [31-18-12 NMSA 1978] to eighteen months imprisonment and, in the sentencing court's discretion, to a fine of not more than five thousand dollars ($ 5,000).

§ 61-10-31. Triennial renewal fees; penalty for failure to renew license. (Repealed effective July 1, 2016.)

A.  On or before July 1 of every third year, every licensed osteopathic physician in this state shall apply for a certificate of triennial renewal of license for the ensuing three years. The fact that a licensed osteopathic physician has not received a renewal form from the board shall not relieve the osteopathic physician of the duty to renew the license and the omission by the board shall not operate to exempt the osteopathic physician from the penalties provided by Chapter 61, Article 10 NMSA 1978 for failure to renew his license.

B.  All licensed osteopathic  physicians shall pay a triennial renewal fee and impaired osteopathic physicians fee as provided in Section 61-10-6.2 NMSA 1978 and shall return the completed renewal form together with the renewal fee and other required documentation.

C.  Each application for triennial renewal of license shall state the licensed osteopathic physician's full name, business address, license number and date and all other information requested by the board.

D.  A licensed osteopathic physician who fails to submit his application for triennial renewal on or before July 1 but who submits his application for triennial renewal by August 15 shall be assessed a late fee as provided in Section 61-10-6.2 NMSA 1978.

E.  An osteopathic physician who submits the application for triennial renewal between August 16 and September 30 shall be assessed a cumulative late fee as provided in Paragraph (6) of Subsection A of Section 61-10-6.2 NMSA 1978.

F.  After September 30, the board may, in its discretion, summarily suspend for nonpayment of fees the license of an osteopathic  physician who has failed to renew his license.

§ 61-10-32. Issuance and display of renewal certificate. (Repealed effective July 1, 2016.)

The board shall issue to each licensed osteopathic physician, upon application in accordance with the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978] and upon payment of the appropriate fees and upon documentation of continuing education requirements, a certificate of triennial renewal, under the seal of the board, for the ensuing three years. The certificate of renewal shall contain the licensed osteopathic physician's name, business address, license date and number and other information as the board deems advisable. The certificate of triennial renewal shall, at all times, be displayed conspicuously in the principal office or practice location of the licensed osteopathic physician to whom it has been issued.

§ 61-10-33. Licensed osteopathic physicians; changing location. (Repealed effective July 1, 2016.)

A licensed osteopathic physician who changes the location of his office or residence shall promptly notify the board of the change.

§ 61-10-34. Restoration of good standing; fees and other requirements. (Repealed effective July 1, 2016.)

A.  Before restoring to good standing a license that has been in a revoked, suspended or inactive status for any cause for more than two years, the board may require the applicant to pass an oral or written examination, or both, to determine the current fitness of the applicant to resume practice and may impose conditions in its discretion.

B.  The authority of the board to impose terms and conditions includes, but is not limited to, the following:

(1)  requiring the applicant to obtain additional training and to pass an examination upon completion of such training; or

(2)  restricting or limiting the extent, scope or type of practice of the applicant.

C.  The board shall also consider the moral background and the activities of the applicant during the period of suspension or inactivity.

D.  If the board in its discretion determines that the applicant is qualified to be reissued a license in good standing, the applicant shall pay to the board a reinstatement fee.

§ 61-10-35. Disposition of funds; New Mexico medical board fund created; method of payments. (Repealed effective July 1, 2016.)

A.  There is created the "New Mexico osteopathic medical board fund".

B.  All funds received by the board and money collected under the Osteopathic Medical Practice Act [61-10-1 NMSA 1978], shall be deposited with the state treasurer who shall place the same to the credit of the New Mexico medical board fund.

C.  All payments out of the fund shall be made on vouchers issued and signed by the secretary-treasurer of the board or the designee of the secretary-treasurer upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.

D.  All amounts in the New Mexico osteopathic medical board fund shall be subject to the order of the board and shall be used only for the purpose of meeting necessary expenses incurred in:

(1)  the performance of the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978] and the duties and powers imposed by those acts;

(2)  the promotion of medical education and standards in this state within the budgetary limits; and

(3)  efforts to recruit and retain medical doctors for practice in New Mexico.

E.  All funds that may have accumulated to the credit of the board under any previous law shall be transferred to the New Mexico osteopathic medical board fund and shall continue to be available for use by the board in accordance with the provisions of the Osteopathic Medical Practice Act [61-10-1 NMSA 1978]. All money unused at the end of the fiscal year shall not revert, but shall remain in the fund for use in accordance with the provisions of the Osteopathic Medical Practice Act.

§ 61-10-35.1. Board of medical examiners fund; authorized use. (Repealed effective July 1, 2016.)

Pursuant to Subsection D of Section 61-10-35 NMSA 1978, the board shall authorize expenditures from unexpended and unencumbered cash balances in the board of medical examiners fund to support an information technology project manager to develop, implement and maintain a web site portal for licensure and a central database for credentialing of health care providers.

§ 61-10-36. Termination of suspension of license for mental illness; restoration; terms and conditions. (Repealed effective July 1, 2016.)

A.  A suspension under Paragraph (25) of Subsection D of Section 61-10-15 NMSA 1978 may, in the discretion of the board, be terminated, but the suspension shall continue and the board shall not restore to the former practitioner the privilege to practice medicine and surgery in this state until:

(1)  the board receives competent evidence that the former practitioner is not mentally ill; and

(2)  the board is satisfied, in the exercise of its discretion and with due regard for the public interest, that the practitioner's former privilege to practice medicine and surgery may be safely restored.

B.  If the board, in the exercise of its discretion, determines that the practitioner's former privilege to practice medicine may be safely restored, it may restore such privilege upon whatever terms and conditions it deems advisable. If the practitioner fails, refuses or neglects to abide by the terms and conditions, his license to practice medicine may, in the discretion of the board, be again suspended indefinitely.

§ 61-6-33. Licensure status. (Repealed effective July 1, 2016.)

Upon a verified written request, a licensee may request that the license be put in retirement, inactive or voluntary lapsed status. Upon request for reinstatement of active status, the board may impose conditions as provided in Section 61-6-30 NMSA 1978.

§ 61-10-34. Protected actions; communication. (Repealed effective July 1, 2016.)

A.  No current or former member of the board, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the board shall bear liability or be subject to civil damages or criminal prosecutions for any action or omission undertaken or performed within the scope of the board's duties.

B.  All written and oral communications made by any person to the board relating to actual and potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act [14-2-4 NMSA 1978]. All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except to the extent necessary to carry out the board's purposes or in a judicial appeal from the board's actions.

C.  No person or legal entity providing information to the board, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.

 

 

 
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